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Heller, which found an individual right to own a firearm under the Second Amendment. Scalia traced the word "militia", found in the Second Amendment, as it would have been understood at the time of its ratification, stating that it then meant "the body of all citizens". [114] The Court upheld Heller's claim to own a firearm in the District. [114]
Scalia dissented from the Court's decision to vacate a lower court's decision and remand for further consideration in light of the Court's decision in Jimenez v. Quarterman . Scalia objected that, as Jimenez was decided more than two months prior to the lower court's decision under review, there was no basis for treating Jimenez as an ...
This was the twenty-second term of Associate ... Second Amendment ... United States: 554 U.S. 911 (2008) Roberts, Thomas: Scalia dissented from the ...
Here’s what Second Amendment actually says: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Miller (1939), the Supreme Court ruled that the Second Amendment did not protect weapon types not having a "reasonable relationship to the preservation or efficiency of a well regulated militia". [16] [17] In the 21st century, the amendment has been subjected to renewed academic inquiry and judicial interest. [17] In District of Columbia v.
The statue "Authority of Law" by artist James Earle Fraser is seen outside the U.S. Supreme Court Building in Washington, D.C., in 2010. Credit - Mark Wilson—Getty Images
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This was the first gun control measure to be overturned on Second Amendment grounds. [58] The Supreme Court in its ruling in District of Columbia v. Heller said Nunn "perfectly captured the way in which the operative clause of the Second Amendment furthers the purpose announced in the prefatory clause." [59]