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''District of Columbia v. Heller'', 554 U.S. 570 (2008), was a landmark case in which the Supreme Court of the United States held in a 5-4 decision that the Second Amendment to the United States Constitution applies to federal enclaves and protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home. The decision did not address the question of whether the Second Amendment extends beyond federal enclaves to the states, which was addressed later by ''McDonald v. Chicago'' (2010). It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense. On June 26, 2008, the Supreme Court affirmed the Court of Appeals for the D.C. Circuit in ''Heller v. District of Columbia''.〔478 F.3d 370 (D.C. Cir. 2007), ''cert. denied'', 128 S. Ct. 2994 (2008)〕〔''(Misc. order Certiorari Denied p.2 )''; (Court: A constitutional right to a gun )〕 The Supreme Court struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional, determined that handguns are "arms" for the purposes of the Second Amendment, found that the Regulations Act was an unconstitutional ban, and struck down the portion of the Regulations Act that requires all firearms including rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock." "Prior to this decision the Firearms Control Regulation Act of 1975 also restricted residents from owning handguns except for those registered prior to 1975."〔http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=4&hid=17&sid=dc74adc3-b638-4709-8e19-a08f3f262c3e%40sessionmgr4〕 ==Lower court background== In 2002, Robert A. Levy, a Senior Fellow at the Cato Institute, began vetting plaintiffs with Clark M. Neily III for a planned Second Amendment lawsuit that he would personally finance. Although he himself had never owned a gun, as a Constitutional scholar he had an academic interest in the subject and wanted to model his campaign after the legal strategies of Thurgood Marshall, who had successfully led the challenges that overturned school segregation. They aimed for a group that would be diverse in terms of gender, race, economic background, and age, and selected six plaintiffs from their mid-20s to early 60s, three men and three women, four white and two black: ;Shelly Parker: A software designer and former nurse who had been active in trying to rid her neighborhood of drugs. Parker is a single woman whose life had been threatened on numerous occasions by drug dealers who had sometimes tried to break into her house. ;Tom G. Palmer: A colleague of Robert A. Levy at the Cato Institute and the only plaintiff that Levy knew before the case began.〔 Palmer, who is gay, defended himself with a 9mm handgun in 1982. While walking with a friend in San Jose, California, he was accosted by a gang of about 20 young men who used profane language regarding his sexual orientation and threatened his life. When he produced his gun, the men fled. Palmer believes that the handgun saved his life. ;Gillian St. Lawrence: A mortgage broker who lives in the Georgetown section of D.C. and who owns several legally registered long guns which she uses for recreation in nearby Chantilly, Virginia. It had taken St. Lawrence two years to complete the registration process. She wanted to be able to use these guns to defend herself in her home and to be able to register a handgun. ;Tracey Ambeau (now Tracey Hanson): An employee of the U.S. Department of Agriculture. Originally from St. Gabriel, Louisiana, she lives in the Adams Morgan neighborhood of D.C. with her husband, Andrew Hanson, who is from Waterloo, Iowa. They live in a high-crime neighborhood near Union Station in D. C. She grew up around guns and wanted one to defend her home.〔 ;George Lyon: A communications lawyer who had previously contacted the National Rifle Association about filing a lawsuit to challenge the D.C. gun laws. Lyon held D.C. licenses for a shotgun and a rifle, but wanted to have a handgun in his home. ;Dick Heller: A licensed special police officer for the District of Columbia. For his job, Heller carried a gun in federal office buildings, but was not allowed to have one in his home. Heller had lived in southeast D.C. near the Kentucky Courts public housing complex since 1970 and had seen the neighborhood "transformed from a child-friendly welfare complex to a drug haven". Heller had also approached the National Rifle Association about a lawsuit to overturn the D.C. gun ban, but the NRA declined.〔 Previous federal case law pertaining to the question of an individual's right to bear arms included ''United States v. Emerson'', 270 F.3d 203 (5th Cir. 2001), which supported the right and ''Silveira v. Lockyer'', 312 F.3d 1052 (9th Cir. 2002), which opposed the right. The Supreme Court ruling in ''United States v. Miller'', 307 U.S. 174 (1939) was interpreted to support both sides of the issue. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「District of Columbia v. Heller」の詳細全文を読む スポンサード リンク
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