DISTRICT OF COLUMBIA V. HELLER ESTABLISHED THAT THE Second Amendmentâ€™s right to arms existed as an individual right, with no requirement that the rights-holder be functioningÂ as part of a well-regulated militia. While the majority opinion has been subjected to extensive review and commentary, the Steven dissent, joined by four members of the Court, has not. The dissent came within one vote of becoming the majority; it clearly merits close examination.
Had the dissent become law, the Court would have informed the American people, seventy percent of whom believed they had an individual right to arms, that their rights-consciousness was sadly mistaken. If done on the basis of sound research and reasoning, this would involve no more than the Court performing its duty. An examination of the dissent suggests, however, that the Court would have been taking this position based upon surprisingly thin reasoning and evidence.
Footnotes removed for purposes of quoting. I joke when I say light reading. It’s very in depth. I won’t have time to read it all until later, but it looks good.