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
Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

News  

Monday, May 5, 2025

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

On April 30, Sen. Adam Schiff (D-Calif.) introduced the so-called “Assault Weapons Ban of 2025.” Picking up where his predecessor Dianne Feinstein left off, Schiff’s legislation would ban commonly-owned semi-automatic firearms, such as the AR-15.

Canada’s Gun Confiscation: Still Grasping for Solutions?

News  

Tuesday, May 13, 2025

Canada’s Gun Confiscation: Still Grasping for Solutions?

Last year, we wrote about how several previous enforcement schemes for Canada’s Liberal government’s 2020 gun ban and confiscation appeared to have fizzled out. 

House Committee on Ways and Means Advances Legislation Involving Suppressors

News  

Wednesday, May 14, 2025

House Committee on Ways and Means Advances Legislation Involving Suppressors

Early this morning, The House Committee on Ways & Means, led by Chairman Jason Smith (R-MO-08) finished a markup of their section of the Reconciliation Bill. Included in this legislation was a provision which would ...

Bite This: “Scientists” Uncover Link Between “Gun Violence” and Oral Hygiene

News  

Tuesday, May 13, 2025

Bite This: “Scientists” Uncover Link Between “Gun Violence” and Oral Hygiene

Some of us remember our days as kids, when the adults in our lives would tell us before bedtime, “Brush your teeth, and say your prayers.”

Rocky Times for Gun Owners in the Rocky Mountain State

News  

Tuesday, May 13, 2025

Rocky Times for Gun Owners in the Rocky Mountain State

As the Colorado legislative session closes, its 2025 edition will long be remembered and lamented as a historic assault on the Second Amendment.

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Rhode Island: Semi-Auto Ban Being Pushed in Both Chambers

Thursday, May 15, 2025

Rhode Island: Semi-Auto Ban Being Pushed in Both Chambers

On Wednesday, May 14th, the Senate Judiciary Committee held a lengthy hearing on S.359, a sweeping semi-auto ban falsely dubbed an “assault weapons ban.” If passed, this legislation would ban scores of commonly owned rifles, ...

Arizona: Governor Hobbs Vetoes Three Pro-Gun Bills Passed by Legislature

Friday, May 16, 2025

Arizona: Governor Hobbs Vetoes Three Pro-Gun Bills Passed by Legislature

Despite strong support from the Arizona Legislature, Governor Katie Hobbs has vetoed Senate Bills 1014, 1020, and 1143, each of which sought to protect and enhance the rights of law-abiding gun owners in the Grand Canyon ...

NRA Takes Fight to Defend the Constitutional Rights of Young Adults to the U.S. Supreme Court

News  

Second Amendment  

Friday, May 16, 2025

NRA Takes Fight to Defend the Constitutional Rights of Young Adults to the U.S. Supreme Court

Today, the National Rifle Association of America (NRA) filed a Petition for Certiorari in NRA v. Glass, asking the U.S. Supreme Court to hear its challenge to Florida’s prohibition on firearm purchases by adults under ...

Texas: House Passes Legislation Prohibiting Gun Buybacks!

Wednesday, May 14, 2025

Texas: House Passes Legislation Prohibiting Gun Buybacks!

Yesterday, the Texas House passed House Bill 3053, legislation that prohibits local governments from organizing or participating in gun buyback programs. The bill now heads to the Texas Senate for consideration. Please use the Take ...

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.