District of Columbia v. Heller (2008)
District of Columbia v. Heller (2008): Individual Right to Keep and Bear Arms
The Second Amendment protects personal firearm possession — not just militia service.
Background
Washington D.C. effectively banned handgun possession by requiring all firearms to be kept in a non-functional state. Security officer Dick Heller applied for a permit to keep a handgun at home and was denied. He challenged the law as an unconstitutional restriction on his Second Amendment rights.
Questions Presented
- Does the Second Amendment protect an individual right to possess firearms independent of militia service?
- Can a government prohibit lawful handgun possession in the home?
Majority Opinion — Justice Antonin Scalia
Holding: The Second Amendment protects an individual right to possess firearms for lawful purposes, such as self-defense in the home.
Heller led to significant implications for Texas firearm cases, including:
- Unlawful Carrying of a Weapon (UCW)
- Felon in Possession enhancements
- Self-defense arguments in assault charges
Scalia emphasized that the home is where the right is at its apex. Restrictions may still apply to certain weapons and sensitive areas, but blanket bans are unconstitutional. Texans rely on Heller in defending lawful gun ownership and challenging overreaching state or local weapons laws.