Today the U.S. Supreme Court heard oral arguments in D.C. v. Heller, the much anticipated Second Amendment case. Heller involves an appeal of a D.C. Circuit decision striking down the District of Columbia’s handgun ban on the grounds that it violated the Second Amendment. Key to the D.C. Circuit’s holding was that the Amendment protects an individual right to keep and possess firearms.
The prevailing wisdom is that a majority of the Justices seemed inclined to embrace the individual rights view of the Second Amendment. If so, the key question will be whether the Court specifies the level of scrutiny that should be applied to gun regulations and, if so, whether it upholds the D.C. Circuit’s application of strict scrutiny. We’ll know for sure some time this summer.