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