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
What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

M14s Added to CMP Roster

News  

Monday, August 3, 2026

M14s Added to CMP Roster

Since 1903, the Civilian Marksmanship Program (CMP) has served a critical role in promoting America’s continued excellence in marksmanship and firearms safety by providing firearms education, training, and competitions nationwide

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

Wednesday, August 12, 2026

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

The National Rifle Association has joined the legal fight against SB25-003, Colorado’s permit-to-purchase scheme for certain semiautomatic firearms.

DOJ Challenges Maryland County for Violating Constitutional Rights

News  

Monday, August 10, 2026

DOJ Challenges Maryland County for Violating Constitutional Rights

When the federal government no longer sits on the sidelines and files its own lawsuit to protect the Second Amendment, pay attention. When the federal government is not just offering another amicus brief about their ...

Want a Violence-Free Transit System? Disarm the Law-Abiding and Post Signs!

News  

Monday, August 10, 2026

Want a Violence-Free Transit System? Disarm the Law-Abiding and Post Signs!

The Chicago Transit Authority’s (CTA) public transit system has long been chancy for ordinary commuters, as documented by the excellent local crime reporting website, CWB Chicago.

NRA Experts Hard at Work on ATF Rules—Protecting Your Rights Every Step of the Way

News  

Monday, August 10, 2026

NRA Experts Hard at Work on ATF Rules—Protecting Your Rights Every Step of the Way

When big news hits the Nation’s Capital, everyone notices. But a lot of the real work that keeps your Second Amendment rights strong happens quietly, deep in the federal rule-making process. 

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

Friday, August 7, 2026

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

The Petitioners in Duncan v. Bonta, an NRA-supported challenge to California’s ban on magazines capable of holding more than ten rounds, have filed a Supplemental Brief urging the U.S. Supreme Court to grant review and ...

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

News  

Monday, July 27, 2026

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

Another significant victory has emerged in the ongoing effort to roll back unconstitutional restrictions on the right to bear arms in places that millions of law-abiding Americans visit every day in every state in towns ...

NRA Files Lawsuit Challenging New York’s Glock Ban

Friday, August 14, 2026

NRA Files Lawsuit Challenging New York’s Glock Ban

The National Rifle Association, Second Amendment Foundation, Firearms Policy Coalition, the Firing Pin, LLC, and NRA members Lucas Nelson and Daniel Geary filed a lawsuit today challenging New York’s ban on Glock and “Glock-style” handguns.

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.