Decided
District of Columbia v. Heller
Holding
(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. (2) Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. (3) The handgun ban and the trigger-lock requirements (as applied to self-defense) violate the Second Amendment. The District of Columbia's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the court has applied to enumerated constitutional rights, this prohibition -- in the place where the importance of the lawful defense of self, family and property is most acute -- would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Dick Heller conceded at oral argument that the D.C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the district must permit Heller to register his handgun and must issue him a license to carry it in the home.
Judgment
Affirmed, 5-4, in an opinion by Antonin Scalia on Jun 26, 2008. Justice Stevens filed a dissenting opinion, in which Justices Souter, Ginsburg and Breyer joined. Justice Breyer filed a dissenting opinion, in which Justices Stevens, Souter and Ginsburg joined.
Certiorari Stage
- Opinion below
- Petition for certiorari
- Brief in response
- Petitioner’s reply
- Amicus brief of the American Academy of Pediatrics (in support of petitioner)
- Amicus brief of New York, Hawaii, Illinois, and Maryland (in support of petitioner)
- Amicus brief of the American Civil Rights Union (in support of respondent)
Merits Stage
- Brief of Petitioners District of Columbia and Adrian M. Fenty, Mayor of the District of Columbia
- Brief of Respondent Dick Anthony Heller
- Reply Brief of Petitioners
Amicus briefs
Supporting petitioner or neither party
- Brief for Violence Policy Center and the Police Chiefs for the Cities of Los Angeles, Minneapolis, and Seattle in Support of Petitioner
- Brief for Major American Cities, the United State Conference of Mayors and Legal Community Against Violence in Support of Petitioner
- Brief for Jack N. Rakove, Saul Cornell, David T. Konig, William J. Novak, Lois G. Schwoerer et al. in Support of Petitioner
- Brief for Law Professors Erwin Chemerinsky and Adam Winkler, as in Support of Petitoner
- Brief for American Public Health Association, American College of Preventive Medicine, American Trauma Society, and American Association of Suicidology in Support of Petitioner
- Brief for Former Department of Justice Officials in Support of Petitioner
- Brief for Professors of Criminal Justice in Support of Petitioner
- Brief for the City of Chicago and the Board of Education of the City of Chicago in Support of Petitioner
- Brief for DC Appleseed Center for Law and Justice, D.C. Chamber of Commerce, D.C. for Democracy, D.C. League of Women Voters, Federal City Council of Lawyers in Support of Petitioner
- Brief for the American Academy of Pediatrics, the Society for Adolescent Medicine, the Childrens Defense Fund, Women Against Gun Violence, and Youth Alive! in Support of Petitioner
- Brief for District Attorneys in Support of Petitioner
- Brief for the NAACP Legal Defense and Educational Fund in Support of Petitioners
- Brief for the American Bar Association in Support of Petitioner
- Brief for the Brady Center to Prevent Gun Violence, the International Association of Chiefs of Police, Major Cities Chiefs, the International Brotherhood of Police Officers, the National Organization of Black Law Enforcement Executives, the Hispanic American Police Command Officers Association, National Black Police Association, the National Latino Peace Officers Association, School Safety Advocacy Council, and the Police Executive Research Forum in Support of Petitioner
- Brief for New York, Hawaii, Maryland, Massachusetts, New Jersey, and Puerto Rico in Support of Petitioner
- Brief for Professors of Linguistics and English Dennis E. Baron, Ph. D, Richard W. Bailey, Ph. D, and Jeffrey P. Kaplan in Support of Petitioner
- Brief for the United States of America
- Brief for the the American Jewish Committee et al. in Support of Petitioner
- Brief for the National Network to End Domestic Violence et al. in Support of Petitioner
- Brief for Members of Congress in Support of Reversal
Supporting respondent
- Brief for American Legislative Exchange in Support of Respondent
- Brief for GeorgiaCarry.org, Inc. in Support of Respondent
- Brief for the Congress of Racial Equality in Support of Respondent
- Brief for the Buckeye Firearms Foundation LLC, National Council for Investigationand Security Services, Ohio Association of Private Detective Agencies, Inc., DBA Ohio Association of Security and Investigation Services (OASIS), Michigan Council of Private Investigators, Indiana Association of Professional Investigators, and Kentucky Professional Investigators Association in Support of Respondent
- Brief for the Disabled Veterans for Self-Defense and Kestra Childers in Support of Respondent
- Brief for Criminologists, Social Scientists, Other Distinguished Scholars, and the Claremont Institute in Support of Respondent
- Brief for the Foundation for Free Expression in Support of Respondent
- Brief for the Association of American Physicians and Surgeons in Support of Respondent
- Brief for the Rutherford Institute in Support of Respondent
- Brief for the Pink Pistols and Gays and Lesbians for Individual Liberty in Support of Respondent
- Brief for the Alaska Outdoor Council, the Alaska Fish and Wildlife Conservation Fund, SITKA Sportsman’s Association, the Juneau Rifle and Pistol Club, the Juneau Gun Club, and Alaska Territorial Sportsmen, Inc. in Support of Respondent
- Brief for Major General John D. Altenburg, Jr., Lieutenant General Charles E. Dominy, Lieutenant General Tom Fields, Lieutenant General Jay M. Garner, General Ronald H. Griffith, General William H. Hartzog, Lieutenant General Ronald V. Hite, Major General John. G. Meyer, Jr., Honorable Joe R. Reeder, Lieutenant General Dutch Shoffner, General John Tilelli, and The American Hunters and Shooters Association in Support of Respondent
- Brief for the National Rifle Association and the NRA Civil Rights Defense Fund in Support of Respondent
- Brief for Grass Roots of South Carolina, Inc. in Support of Respondent
- Brief for the Libertarian National Committee in Support of Respondent
- Brief for the Second Amendment Foundation in Support of Respondent
- Brief for 55 Members of the United States Senate, the President of the U.S. Senate, and 250 Members of the U.S. House of Representatives in Support of Respondent
- Brief for 126 Women State Legislatures and Academics in Support of Respondent
- Brief for Virginia1774.org in Support of Respondent
- Brief for Paragon Foundation in Support of Respondent
- Brief for the CATO Institute and History Professor Joyce Lee Malcolm in Support of Respondent
- Brief for the International Law Enforcement Educators and Trainers Association (ILEETA), the International Association of Law Enforcement Firearms Instructors (IALEFI), Maryland State Lodge, the Fraternal Order of Police, the Southern States Police Benevolent Association, 29 Elected California District Attorneys, the San Francisco Veteran Police Officers Association, the Long Beach Police Officers Association, Texas Police Chiefs Association, Texas Municipal Police Association, New York State Association of Auxiliary Police, Mendocino County, California Sheriff Thomas D. Allman, Oregon State Rep. Andy Olson, the National Police Defense Foundation, the Law Enforcement Alliance of America, and the Independence Institute in Support of Respondent
- Brief for the States of Texas, Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Utah, Virginia, Washignton, West Virginia, and Wyoming in Support of Respondent
- Brief for Jews for the Preservation of Firearms Ownership in Support of Respondent
- Brief for Organizations and Scholars Correcting Myths and Misrepresentations Commonly Deployed by Opponents of an Individual-Right-Based Interpretation of the Second Amendment in Support of Respondent
- Brief for the President Pro Tempore of the Senate of Pennsylvania Joseph B. Scarnati, III in Support of Respondent
- Brief for the American Center for Law and Justice in Support of Respondent
- Brief for the Mountain States Legal Foundation in Support of Respondent
- Brief for the Institute for Justice in Support of Respondent
- Brief for Former Senior Officials of the Department of Justice in Support of Respondent
- Brief for Foundation for Moral Law in Support of Respondent
- Brief for Gun Owners of America, Inc., the Gun Owners Foundation, Maryland Shall Issue, Inc., the Virginia Citizens Defense League, Gun Owners of California, Inc., the Lincoln Institute for Research and Education, and the Conservative Legal Defense and Education Fund in Support of Respondent
- Brief for State Firearm Associations in Support of Respondent
- Brief for the Southeastern Legal Foundation, Inc., Second Amendment Sisters, Inc., Women Against Gun Control, 60 Plus Association, Inc., Robert B. Smith, J.D., Christie Davies, M.A., Ph. D. Joe Michael Cobb, and Mrs. Minnie Lee Faulkner in Support of Respondent
- Brief for Dr. Suzanna Gratia Hupp, D.C. and the Liberty Legal Institute in Support of Respondent
- Brief for Academics in Support of Respondent
- Brief for Academics for the Second Amendment in Support of Respondent
- Brief for the Center for Individual Freedom in Support of Respondent
- Brief for Retired Military Officers in Support of Respondent
- Brief for the Heartland Institute in Support of Respondent
- Brief for National Shooting Sports Foundation, Inc., in Support of Respondent
- Brief for Goldwater Institute in Support of Respondent
- Brief for American Civil Rights Union in Support of Respondent
- Brief for the Maricopa County Attorney’s Office in Support of Respondent
- Brief for the Eagle Forum Education and Legal Defense Fund in Support of Respondent
- Brief for Jeanette M. Moll et al. in Support of Respondent
- Brief for International Scholars in Support of Respondent
Related Coverage
Jul 16, 2007Application (07A51) to extend the time to file a petition for writ of certiorari from August 6, 2007 to September 5, 2007, submitted to The Chief Justice.
Jul 18, 2007Application (07A51) granted by The Chief Justice extending the time to file until September 5, 2007.
Sep 4, 2007Petition for a writ of certiorari filed. (Response due October 5, 2007)
Sep 28, 2007Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for petitioners.
Oct 3, 2007Consent to the filing of amicus curiae briefs in support of either party received from counsel for respondents.
Oct 4, 2007Brief of respondent Dick Anthony Heller in opposition filed.
Oct 5, 2007Brief amicus curiae of American Civil Rights Union filed.
Oct 5, 2007Brief amici curiae of American Academy of Pediatrics, et al. filed.
Oct 5, 2007Brief amici curiae of New York, Hawaii, Illinois, and Maryland filed.
Oct 23, 2007Reply of petitioners District of Columbia, et al. filed. (Distributed)
Oct 24, 2007DISTRIBUTED for Conference of November 9, 2007.
Nov 15, 2007DISTRIBUTED for Conference of November 20, 2007.
Nov 20, 2007Petition GRANTED limited to the following question: Whether the following provisions - D.C. Code §§ 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 - violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?
Dec 28, 2007Consent to the filing of amicus briefs in support of either or neither party, conditioned on a seven day written notice to counsel for petitioners, received from counsel for the petitioners.
Jan 3, 2008Consent to the filing of amicus briefs in support of either party only, conditioned on a seven day written notice to counsel for respondent, received from counsel for the respondent.
Jan 4, 2008Brief of petitioners District of Columbia, et al. filed.
Jan 4, 2008Joint appendix filed. (Statement of costs received.)
Jan 4, 2008Letter from counsel for the petitioners proposing a Lodging of Council Session Transcripts as legislative history of the laws at issue, and copies of local municipal laws regulating the firing of guns in the 19th Century as history of regulation of firearms in the District of Columbia.
Jan 11, 2008Brief amicus curiae of Members of Congress filed.
Jan 11, 2008Brief amici curiae of Brady Center to Prevent Gun Violence, et al. filed.
Jan 11, 2008Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Jan 11, 2008Brief amici curiae of Professors of Linguistics and English Dennis E. Baron, Richard W. Bailey, and Jeffrey P. Kaplan filed.
Jan 11, 2008Brief amici curiae of American Academy of Pediatrics, et al. filed.
Jan 11, 2008Brief amici curiae of Violence Policy Center, et al. filed.
Jan 11, 2008Brief amici curiae of Major American Cities, et al. filed.
Jan 11, 2008Brief amici curiae of Law Professors Erwin Chemerinsky and Adam Winkler filed.
Jan 11, 2008Brief amici curiae of DC Appleseed Center for Law and Justice, et al.
filed.
Jan 11, 2008Brief amici curiae of American Jewish Committee, et al. filed.
Jan 11, 2008Brief amici curiae of Former Department of Justice Officials filed.
Jan 11, 2008Brief amicus curiae of American Bar Association filed.
Jan 11, 2008Brief amici curiae of New York, et al. filed.
Jan 11, 2008Brief amicus curiae of Professors of Criminal Justice filed.
Jan 11, 2008Brief amici curiae of National Network to End Domestic Violence, et al. filed.
Jan 11, 2008Brief amici curiae of American Public Health Association, et al. filed.
Jan 11, 2008Brief amicus curiae of United States filed.
Jan 11, 2008Brief amici curiae of District Attorneys filed.
Jan 11, 2008Brief amici curiae of Jack N. Rakove, et al. filed.
Jan 11, 2008Brief amici curiae of City of Chicago, et al. filed.
Jan 22, 2008SET FOR ARGUMENT ON Tuesday, March 18, 2008
Jan 25, 2008Record received from the U.S.C.A. for the D.C. Circuit. (1 box)
Jan 28, 2008CIRCULATED.
Jan 28, 2008Record from the U.S.D.C. for the District of Columbia Circuit is electronically filed.
Feb 4, 2008Brief amicus curiae of American Legislative Exchange Council filed. (Distributed)
Feb 4, 2008Brief of respondent Dick Anthony Heller filed. (Distributed)
Feb 4, 2008Brief amicus curiae of GeorgiaCarry.Org, Inc. filed. (Distributed)
Feb 5, 2008Brief amicus curiae of Congress of Racial Equality filed. (Distributed)
Feb 7, 2008Brief amici curiae of Disabled Veterans for Self-Defense and Kestra Childers filed. (Distributed)
Feb 7, 2008Brief amici curiae of Alaska Outdoor Council, et al. filed. (Distributed)
Feb 7, 2008Brief amicus curiae of Association of American Physicians and Surgeons, Inc. filed. (Distributed)
Feb 7, 2008Brief amici curiae of Buckeye Firearms Foundation LLC, et al. filed. (Distributed)
Feb 7, 2008Brief amici curiae of Criminologists, Social Scientists, Other Distinguished Scholars, et al. filed. (Distributed)
Feb 7, 2008Brief amicus curiae of Foundation for Free Expression filed. (Distributed)
Feb 7, 2008Brief amicus curiae of Libertarian National Committee, Inc. filed. (Distributed)
Feb 7, 2008Brief amici curiae of National Rifle Association, et al. filed. (Distributed)
Feb 7, 2008Brief amicus curiae of Rutherford Institute filed. (Distributed)
Feb 8, 2008Brief amici curiae of 55 Members of United States Senate, et al. filed. (Distributed)
Feb 8, 2008Brief amicus curiae of Virginia1774.org filed. (Distributed)
Feb 8, 2008Brief amicus curiae of Paragon Foundation, Inc. filed. (Distributed)
Feb 8, 2008Brief amicus curiae of Second Amendment Foundation filed. (Distributed)
Feb 8, 2008Brief amici curiae of Dr. Suzanna Gratia Hupp, D.C., et al. filed. (Distributed)
Feb 8, 2008Brief amicus curiae of 126 Women State Legislators and Academics filed. (Distributed)
Feb 8, 2008Brief amici curiae of Pink Pistols and Gays and Lesbians for Individual Liberty filed. (Distributed)
Feb 8, 2008Brief amicus curiae of Grass Roots of South Carolina, Inc. filed. (Distributed)
Feb 8, 2008Brief amici curiae of Major General John D. Altenburg, Jr., et al. filed. (Distributed)
Feb 8, 2008Brief amici curiae of Cato Institute, et al. filed. (Distributed)
Feb 8, 2008Brief amicus curiae of Jews for the Preservation of Firearms Ownership
filed. (Distributed)
Feb 11, 2008Brief amicus curiae of American Center for Law and Justice filed. (Distributed)
Feb 11, 2008Brief amici curiae of Maricopa County Attorney's Office, et al. filed. (Distributed)
Feb 11, 2008Brief amici curiae of State Firearm Associations filed. (Distributed)
Feb 11, 2008Brief amici curiae of Bruce L. Benson, et al. filed. (Distributed)
Feb 11, 2008Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
Feb 11, 2008Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 11, 2008Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument, and, in the alternative, for enlargement of time for oral argument filed.
Feb 11, 2008Brief amici curiae of Texas, et al. filed. (Distributed)
Feb 11, 2008Brief amicus curiae of President Pro Tempore of the Senate of Pennsylvania, Joseph B. Scarnati, III filed. (Distributed)
Feb 11, 2008Brief amici curiae of Former Senior Officials of Department of Justice filed. (Distributed)
Feb 11, 2008Brief amicus curiae of Goldwater Institute filed. (Distributed)
Feb 11, 2008Brief amicus curiae of Academics for the Second Amendent filed. (Distributed)
Feb 11, 2008Brief amicus curiae of Center for Individual Freedom filed. (Distributed)
Feb 11, 2008Brief amicus curiae of Institute for Justice filed. (Distributed)
Feb 11, 2008Brief amici curiae of International Law Enforcement Educators and Trainers Association, et al. filed. (Distributed)
Feb 11, 2008Brief amici curiae of Gun Owners of America, Inc., et al. filed. (Distributed)
Feb 11, 2008Brief amicus curiae of Retired Military Officers filed. (Distributed)
Feb 11, 2008Brief amicus curiae of Heartland Institute filed. (Distributed)
Feb 11, 2008Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Feb 11, 2008Brief amici curiae of Southeastern Legal Foundation, Inc., et al. filed. (Distributed)
Feb 11, 2008Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed)
Feb 11, 2008Brief amici curiae of Jeanette M. Moll, Ohio Concealed Carry Permitholders, et al. filed. (Distributed)
Feb 11, 2008Brief amicus curiae of American Civil Rights Union filed. (Distributed)
Feb 11, 2008Brief amici curiae of Organizations and Scholars Correcting Myths and Misrepresentations etc. filed. (Distributed)
Feb 11, 2008Brief amicus curiae of National Shooting Sports Foundation, Inc. filed. (Distributed)
Feb 11, 2008Brief amici curiae of International Scholars filed. (Distributed)
Feb 25, 2008Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for divided argument, and, in the alternative, for enlargement of time for oral argument DENIED.
Feb 25, 2008Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 28, 2008Motion for leave to file amicus brief out of time filed by Wisconsin. (Distributed)
Mar 5, 2008Reply of petitioners District of Columbia, et al. filed. (Distributed)
Mar 14, 2008Letter, dated March 12, 2008, received from counsel for the petitioners. (Distributed).
Mar 17, 2008Motion for leave to file amicus brief out of time filed by Wisconsin GRANTED.
Mar 18, 2008Argued. For petitioners: Walter Dellinger, Washington, D.C. For United States as amicus curiae: Paul D. Clement, Solicitor General, Department of Justice, Washington, D.C. For respondent: Alan Gura, Alexandria, Va.
Jun 26, 2008Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined.
Jul 28, 2008JUDGMENT ISSUED.
Jul 31, 2008Record returned to the U.S.C.A. for the District of Columbia Circuit.
Aug 12, 2008Acknowledgement of receipt (07/28/08) of judgment from Clerk, United States Court of Appeals for the District of Columbia Circuit received.
Recommended Citation: District of Columbia v. Heller, SCOTUSblog, https://www.scotusblog.com/cases/dc-v-heller/