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