Heller Decision
District of Columbia v. Heller (2008) — established individual right to bear arms, dismantled handgun bans
Overview
District of Columbia v. Heller is the Supreme Court decision that fundamentally changed American gun law. In a 5-4 decision authored by Justice Scalia, the Court held for the first time that the Second Amendment protects an individual right to possess firearms independent of service in a militia — striking down Washington DC's handgun ban.
The Heller case was deliberately orchestrated by libertarian legal strategists over years. Robert Levy, a wealthy Cato Institute senior fellow, recruited plaintiffs and funded the litigation specifically to get a Second Amendment case before the Supreme Court after decades of lower court rulings that upheld gun regulations. The NRA initially opposed Heller because it feared losing, but ultimately supported the litigation once it advanced.
While Scalia's opinion explicitly allowed for many gun regulations (prohibitions on felon possession, mental illness restrictions, commercial sale regulations), subsequent litigation has used Heller to attack virtually every gun law.
Key Personnel
Dick Heller
Lead PlaintiffDC special police officer who challenged the city's handgun ban.
Robert Levy
Litigation Funder / StrategistCato Institute senior fellow who recruited plaintiffs and funded the case specifically to establish individual Second Amendment rights.
Alan Gura
Plaintiff's AttorneySuccessfully argued Heller before the Supreme Court, establishing the individual right to bear arms.
Legislative Wins / Policy Impact
- Struck down DC handgun ban
- Established individual Second Amendment right as baseline for all future gun litigation
- Foundation for thousands of post-Heller Second Amendment challenges to gun laws