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