Albemarle Tradewinds June 2016 Final Web Optimized

Justice Scalia Case Opinion’s that Shaped Our American Way of Life
District of Columbia v. Heller (2008)
United States Supreme Court Justice Antonin Scalia was the most influential Justice of our time. In
District of Columbia v. Heller (2008) Justice Scalia delivered the opinion of the court and many
believe it to be his most famous opinion because it set the national standard on our second amendment
right to bear arms. The Court overruled the District of Columbia’s Code that restricted the licensing of
handguns. The DC Code required that licensed firearms kept in the home must be kept nonfunctional
(i.e. unloaded). The Court held that the Second Amendment protects an individual’s right to own a gun
for personal use and we have a constitutional right to keep a loaded handgun at home for self-defense.
This was a landmark ruling that has since then ushered in continuous litigation of gun rights all
over the country.
Justice Scalia wrote “…banning handguns, an entire class of arms that is commonly used for protection
purposes, and prohibiting firearms from being kept functional in the home, the area traditionally in need
of protection, violates the Second Amendment.” The historical test was applied - A fundamental right
worthy of constitutional protections is one that is so rooted in the country history and tradition that the
ban of which would shock the conscious.
I must point out that this was a 5 to 4 decision. Which means if a Second Amendment issue is heard
before the United States Supreme Court again today, without Justice Scalia, --and potentially a liberal
Justice appointed under the current presidency-- gun rights in America as we know it may
change drastically.
Written By:
Mrs. Diana Devine Baum,
Regent University School of Law
Candidate for Juris Doctorate 2018
NCCP, NC Notary Public
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