Lewis v.
2
Context
Overview and Why it Was a Problem
Works Cited
Brooks, Chad. “The Second Amendment & the Right to Bear Arms.” LiveScience, Purch, 28 June 2017, www.livescience.com/26485-second-amendment.html.
Duignan, Brian. “District of Columbia v. Heller.” Encyclopædia Britannica, Encyclopædia Britannica, inc., 12 Sept. 2017, www.britannica.com/event/District-of-Columbia-v-Heller. Duignan, Brian. “District of Columbia v. Heller.” Encyclopædia Britannica, Encyclopædia Britannica, inc., 12 Sept. 2017, www.britannica.com/event/District-of-Columbia-v-Heller.
“Federal Cases Regarding the 2nd Amendment.” Firearms and Liberty , Firearms and Liberty , www.firearmsandliberty.com/fedcases.2nd.html#SC5.
“FindLaw's United States Supreme Court case and opinions.” Findlaw, Findlaw, caselaw.findlaw.com/us-supreme-court/445/55.html.
Shmoop Editorial Team. “District of Columbia v. Heller.” Shmoop, Shmoop University, 11 Nov. 2008, www.shmoop.com/right-to-bear-arms/district-of-columbia-v-heller.html.
“SUPREME COURT OF THE UNITED STATES DISTRICT OF COLUMBIA et al. v. HELLER.” DISTRICT OF COLUMBIA v. HELLER, Cornell University Law School , 18 Mar. 2008, www.law.cornell.edu/supct/html/07-290.ZS.html.
“The Great Debate.” Constitution Facts - Official U.S. Constitution Website, Constitution Facts , www.constitutionfacts.com/us-articles-of-confederation/the-great-debate/.
- On June 6 2008, The Supreme Court decided on Heller v. District of Columbia (Washington D.C.)
- It was a 5-4 decision in favor of Heller.
- Dick Heller, a D.C. Police Officer, wanted to keep a handgun at home but was denied. Washington D.C. had maintained a handgun ban for 32 years and Heller challenged it.
- The case had been building for years under another case in 2003. In Parker v. District of Columbia, six different individuals came forward.
- The U.S. Court of Appeals ruled in 2007 that Dick Heller had his 2nd amendment rights violated.
- It went to court Jan. 17, 1980
- Verdict Feb. 27, 1980
- Lewis was arrested because he was in possession of a firearm
- Safe Streets Act of 1968 said that no convicted felon can be in possession of a firearm
The SECOND Amendment
Importance
Defense and Prosecution
- It was a politically divisive decision regarding the "pro-gun" and "pro-gun control" lobby.
- It was the first time since 1939 that the second amendment was explored by the Supreme Court since United States v. Miller.
- The Supreme Court ruled against the collective rights theory regarding the second amendment.
Defense:
- Lewis said that his conviction was "invalid" because he never used an attorney during his trial
Prosecution:
- The prosecution stated how the law is focused on the conviction, not whether that conviction was valid
Lewis v. U.S.
Heller v. Washington D.C.
The Second Amendment:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Historical Context & Understanding
- Federalists vs. Anti Federalists
- Both agreed that the government cannot disarm the people.
- Justificatory Clause
- Individual vs. Collective Rights Theory
Verdict
Outcomes
The Court Held:
- 2nd Amendment protects individual right to bear arms.
- The 2nd Amendment right is not unlimited. They referenced Miller as justification. "In common use at the time."
- The District of Columbia violated the 2nd amendment.
- The jury ruled in favor of the prosecution; Lewis did not win the case
- However, the case brought to light the different interpretations of the second, and how it translates into legislation
Former Justice Antonin Scalia wrote the majority opinion.
Landmark Cases in Gun Rights
The Second Amendment Today
Current Controversy:
Based on the review of the cases, it is apparent that the second amendment is under constant scrutiny. Some view the "arms" as a collective state, while others say that every person has an unalienable right to own a gun. These two cases deal with the same amendment, and on the surface similar arguments for the defense, but have opposite verdicts, which express the current understanding of the second amendment within the courts and legislature.
It is understood that every individual has the right to "bear arms" unless that right is abused and therefore endangers other citizens. It is then when that right can be taken away legally.