The Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.
The Supreme Court handed down a landmark ruling with the case District of Columbia v. Heller. Richard Heller challenged the District’s law banning virtually all handguns on Second Amendment grounds. The Court agreed with Heller, finding the ban unconstitutional and holding that the Second Amendment protects an individual right to keep suitable weapons at home for self-defense unconnected to militia service.
The District of Columbia argued that the opening phrase of the amendment, “A well regulated militia, being necessary to the security of a free state,” known as the prefatory clause, limited the “right of the people” to have weapons only in connection with militia service. The city also pointed out that the law did not ban all guns, and that it was a reasonable way to prevent crime.
The Court agreed with Heller and overturned the District’s law. The Court reasoned that the prefatory clause gave one reason for the Second Amendment, but it did not limit the right listed in the operative clause—the second part of the amendment—to own weapons only for militia service. “The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right…” The Court also reasoned that elsewhere in the Constitution, such as the First, Fourth, and Ninth Amendments, the phrase “the right of the people” is used only to refer to individual rights—that is, rights held by people as individuals. It is this phrasing that is used in the operative clause of the Second Amendment.
Finally, the Court reasoned that the right to own weapons for self-defense was an “inherent” (in-born) right of all people. “It has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it ‘shall not be infringed.’”
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At time of appointment, applicants must not have reached their 37th birthday unless they previously served in a Federal civilian law enforcement position covered by special civil service retirement provisions, including early or mandatory retirement.
Money market account: typically earns more interest than a regular savings account in exchange for higher balance requirements; some provide check-writing privileges and ATM access. Certificate of deposit: usually has the highest interest rate among savings accounts and the most limited access to funds.
