Explore The NRA Universe Of Websites

APPEARS IN News

Where Would We Stand Without Heller?

Tuesday, August 1, 2017

Where Would We Stand Without Heller?

When the U.S. Court of Appeals for the District of Columbia struck down the District’s “good-reason” requirement for concealed carry, it begged the question once more: Where would we be without Heller?

District of Columbia v. Heller (2008) was the seminal Supreme Court decision that reaffirmed that the right to keep and bear arms is an individual one, in no way tied to or dependent upon service in the military or militia. In other words, it is a right possessed by each American at birth, and it comes without stipulation or caveat.

When the Heller ruling was handed down in late June 2008, it eviscerated restrictions on free people who were being punished by proscriptive firearm laws in Washington, D.C. In so doing, it sent shockwaves through the establishment media, the Democratic Party and gun control groups around the country.

Two years later, Heller played a role in the Supreme Court’s McDonald v. Chicago (2010), a ruling that leaned on Heller and reaffirmed not simply the individual nature of the right to keep and bear arms, but also the fact that that right—like others in the Bill of Rights—is incorporated in the Fourteenth Amendment. In other words, the right to keep and bear arms is doubly protected; it is guarded by the Second Amendment and the Fourteenth Amendment as well.

When the Heller ruling was handed down in late June 2008, it eviscerated restrictions on free people who were being punished by proscriptive firearm laws in Washington, D.C. In so doing, it sent shockwaves through the establishment media, the Democratic Party and gun control groups around the country.

What does this mean? It means McDonaldshowed that states and cities are prohibited from infringing on the right to keep and bear arms in the same way Heller showed that D.C. is prohibited from infringing on said rights.

Outlets like the Los Angeles Times have criticized the Heller decision for years after it was handed down. The goal of their criticism was clearly to keep some degree of hysteria regarding the decision alive, so it would be teed up for an anti-gun president to reverse or at least tweak, should such a president follow Barack Obama.

On June 27, 2008—the day after Heller was handed down—the Los Angeles Timeslamented:

Presented with two historically plausible arguments about whether the Second Amendment secures an individual right to keep and bear arms, the Supreme Court on Thursday opted for the interpretation less suited to a 21st century America bedeviled by gun crime. That’s the disappointing part of the court’s long-awaited ruling striking down the District of Columbia’s strict gun-control ordinance.

Seven years later—on Sept. 23, 2015—the Los Angeles Times contended:

The Supreme Court erred in the initial Heller decision by upending an interpretation of the 2nd Amendment that had been embraced for half a century—that the amendment’s reference to a ‘well-regulated militia’ limits the right to keep and bear arms to organized military units, such as the National Guard.

The criticism from the Los Angeles Times was complimented by similar criticism from The New York Times and, eventually, from Democratic presidential candidate Hillary Clinton.

BY AWR Hawkins

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter @AWRHawkins, or reach him directly at [email protected].

TRENDING NOW
U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

News  

Tuesday, May 27, 2025

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

Among all the infringements of the Second Amendment perpetrated by the Biden-Harris regime, one of the most punitive and consequential was ATF’s “zero tolerance” enforcement policy for Federal Firearms Licensees (FFLs). 

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

News  

Tuesday, May 27, 2025

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

Excellent news for gun owners came last week when the U.S. House of Representatives passed President Donald Trump's One Big Beautiful Bill, which includes the complete removal of suppressors from the National Firearms Act (NFA). 

Twenty-four State Attorneys General Urge Congress to Pass H.R. 38

News  

Monday, June 2, 2025

Twenty-four State Attorneys General Urge Congress to Pass H.R. 38

On May 21, two dozen state attorneys general sent a letter to the leadership of the U.S. House of Representatives, urging that body to pass H.R. 38, the Constitutional Concealed Carry Reciprocity Act.

Loot Canal: U.S. Taxpayers Funded Bizarre Dental “Gun Violence” Research

News  

Monday, June 2, 2025

Loot Canal: U.S. Taxpayers Funded Bizarre Dental “Gun Violence” Research

When the Biden-Harris administration made clear they intended to use a “whole-of-government” approach to suppress Second Amendment rights, few could have predicted their efforts would extend all the way to the dentist’s office.

Australia’s Gun Laws, Failing in Different Ways

News  

Monday, June 2, 2025

Australia’s Gun Laws, Failing in Different Ways

Everything is relative, so the saying goes, which means that once in a while, it’s instructive to read about the gun laws and the state of gun rights in other countries. 

NRA Files Amicus Brief in Challenge to Machinegun Possession Ban

Wednesday, June 4, 2025

NRA Files Amicus Brief in Challenge to Machinegun Possession Ban

Yesterday, the National Rifle Association, Firearms Policy Coalition, and FPC Action Foundation filed an amicus brief arguing that the federal prohibition on machinegun possession is unconstitutional as applied to the defendant in the Fifth Circuit case, United States ...

ATF Updates “Brady Permit Chart,” Reduces Need for Redundant NICS Checks

News  

Monday, June 2, 2025

ATF Updates “Brady Permit Chart,” Reduces Need for Redundant NICS Checks

We have been reporting on recent reforms by ATF to make its operations more transparent, professional, and public safety focused and less openly hostile to law abiding gun owners and the industries that serve them. 

Anti-gun Shakedown Machine Now Targets Toy Gun Sellers

News  

Monday, June 2, 2025

Anti-gun Shakedown Machine Now Targets Toy Gun Sellers

The pro-Second Amendment community understands that guns are not toys.

Maine: Floor Votes on Extreme Anti-Gun Bills Imminent

Tuesday, June 3, 2025

Maine: Floor Votes on Extreme Anti-Gun Bills Imminent

This evening, lawmakers will caucus with their respective parties to discuss firearm bills before these bills head to the floor for their final votes. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.