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Who Can Own a Gun Under Federal Law?

While the Courts have never brightly District of Columbia, 478 F.3d 370 (D.C.
defined under the law who actually has a Cir. 2007), which was a decision from the
right to own a firearm, for decades the United States Court of Appeals for the
presumption has always been that there is District of Columbia Circuit. The D.C.
no individual right bestowed upon the Circuit became the first federal appeals
citizens of this country. However, court in the United States to rule that a
things may soon change if some have their firearm ban was an unconstitutional
way. infringement of the Second Amendment. The
The Second Amendment to the United States appellate court then took it a step
Constitution is currently creating a further and held that the Second
quite a stir in the federal courts. For Amendment does protect an individual's
those that are not familiar with the right to possess firearms for private
Second Amendment, it provides as follows: use.
"A well regulated Militia, being A victory for Heller will likely inspire
necessary to the security of a free acknowledged gun owners in other
State, the right of the people to keep jurisdictions to challenge restrictive
and bear Arms, shall not be infringed." gun laws passed by states and cities.
Experts believe that the Second Amendment Accordingly, many commentaries believe
creates an unlimited right upon that the Supreme Court appears poised to
individuals to own guns or other weapons. rule that the Second Amendment protects a
Others disagree and seem to believe that private right to possess and use
the Second Amendment allows reasonable firearms.
regulation of gun ownership, such as Does "bear" literally mean the right to
licensing and registration. carry a gun with you wherever you go, or
The United States Supreme Court may be is the fact that you can have one in your
putting this issue to rest soon. The home enough? Moreover, does "arms" mean
question of whether or not an individual you can have absolutely any kind of
has a constitutional right under federal weapon you want, or does the government
law to own a firearm is being heard in have the right to say which arms are
the case District of Columbia v. Heller, permitted and which are not? Hopefully,
No. 07-290. The court granted certiorari the United States Supreme Court will soon
in response to an appeal from Parker v. answer these questions for us.




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