Citation

Weaver GS. J. Contemp. Crim. Justice 2009; 25(1): 119-122.

Copyright

(Copyright © 2009, SAGE Publishing)

DOI

10.1177/1043986208329803

PMID

unavailable

Abstract

n a 5-4 decision on June 26, 2008, the Supreme Court of the United States identified circumstances under which the SecondAmendment to the Constitution allows for an individual to lawfully possess a handgun. In the majority opinion of the Court, Justice Scalia stated, “The Second Amendment protects an individual right to possess a firearm and to use that arm for traditionally lawful purposes, such as self-defense within the home” (Supreme Court of the United States, 2008, p. 1). This potentially landmark decision addresses (at least in part) the longstanding question over whether the right to bear arms mentioned in the Second Amendment applies to individuals or whether it authorizes states to arm militias.

More specifically, the Heller decision overturned the 1976 ban on handguns in the District of Columbia, which prohibited the possession of handguns, prohibited their registration, and invalidated the requirement that other firearms (e.g., rifles and shotguns) stored within the home must be (a) unloaded and (b) disassembled or equipped with a trigger locking device (Supreme Court of the United States, 2008). No doubt, the potential implications of the Heller case will result in even more debate over an issue that Wellford, Pepper, and Petrie (2004) suggest is already one of the most controversial subjects in the United States. The primary objective of this essay is to show how the case reflects the extremely complex issue of guns and policies surrounding their ownership and use.