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The Heller Decision -- Saw That One Coming a Mile Away

By Eric Muller

Today, in District of Columbia v. Heller, the Supreme Court held that the 2nd Amendment guarantees an individual the right to have a gun, at least in one?s residence, and subject to reasonable regulation -- like no felons need apply, or don't bring a gun to a presidential inauguration . . . stuff like that. (The opinion can be downloaded here, courtesy of SCOTUSBLOG.) I posted in regard to Heller back on March 24th, after oral argument. My post focused on an 1846 ruling by the Georgia Supreme Court called Nunn v. State. And I suggested, based on Nunn and other early 19th century gun cases, that the 2nd Amendment protects an individual's right to own a gun subject to reasonable regulation. In its opinion today, the 5-member majority to the Heller opinion four times cited and twice discussed the Nunn decision. Justice Breyer's dissent likewise cited Nunn. So, Mom and Dad (if you can read this in Heaven), law school wasn't a total waste of time.

Full post as published by Is That Legal on June 26, 2008 (boomark / email).