Bench Memos

NRO’s home for judicial news and analysis.

Re: District of Columbia v. Heller: Scalia’s Majority Opinion


I’ve added this to my summary of Scalia’s majority opinion: 


D.C.’s requirement that lawfully owned firearms in the home, such as registered long arms, be “unloaded and disassembled or bound by a trigger lock or device” also violates the Second Amendment as it makes it impossible for citizens to use those firearms for the core lawful purpose of self-defense.  (1, 58) 


Scalia’s opinion addresses D.C.’s requirement “as applied to [Heller’s] handgun” (58), but the opinion’s holding extends to all lawfully owned firearms in the home, as Scalia’s closing summary makes clear:


In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.

Tags: Whelan


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