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50 Santa Clara L. Rev. 1095 (2010)
After Heller: What Now for the Second Amendment

handle is hein.journals/saclr50 and id is 1119 raw text is: AFTER HELLER: WHAT NOW FOR THE SECOND AMENDMENT? Jeffrey M. Shaman* I. In District of Columbia v. Heller, decided in 2008, the Supreme Court of the United States ruled by a five-to-four vote that the Second Amendment of the Constitution 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.' Accordingly, the Court struck down a District of Columbia law that banned the possession of handguns and required lawfully owned firearms to be kept unloaded and dissembled or bound by a trigger lock, unless they were located in a place of business or used for lawful recreational activities.' The Heller decision was a severe departure from precedent. Sixty-nine years prior to Heller, the Court ruled in United States v. Miller that the Second Amendment did not protect an individual right to bear arms for purely private, civilian purposes.3 The Court reaffirmed Miller4 in 1980, and over the years numerous state and federal courts have relied *Vincent de Paul Professor of Law, DePaul University College of Law. The author is grateful to Andrew Daar for the excellent research assistance he provided for this article. 1. District of Columbia v. Heller, 128 S. Ct. 2783 (2008). The vote reflected the Court's usual conservative-liberal split, with Justice Kennedy joining the conservative side on this occasion. See id. at 2783. In addition to Justice Kennedy, Chief Justice Roberts, along with Justices Thomas and Alito joined Justice Scalia's opinion. Id. Justice Stevens entered a dissenting opinion that was joined by Justices Souter, Ginsburg, and Breyer. Id. Justices Stevens, Souter, and Ginsburg joined Justice Breyer in his dissenting opinion. Id. 2. Id. 3. United States v. Miller, 307 U.S. 174 (1939). 4. Lewis v. United States, 445 U.S. 55, 65 n.8 (1980). 1095

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