Parker v. District of Columbia

Parker v. District of Columbia (478 F3d 370 [DC Cir 2007]), was brought as affirmative litigation to challenge a DC statute, including a prohibition of new handgun registration and restrictions on the transport of weapons. The court, in a divided opinion, Judge Lecraft Henderson dissenting, found that the wording of the Amendment's guarantee, "the right of the people to keep and bear arms," and specifically the choice of the word "people," conferred an individual right, in accord with that word's usage elsewhere in the Bill of Rights. (Parker at 381.) The court further found that the Second Amendment protected a preexisting right of individuals both to keep arms for their private use in hunting or self-defense, and to bear them, in civic use, in service of a militia. (Parker at 382-383.) Given the other individual rights enshrined in the Constitution, and the Tenth Amendment's reservation clause, the court held that "[t]he Second Amendment would be an inexplicable aberration if it were not read to protect individual rights as well." (Parker at 383.) The Parker court therefore held that the Amendment barred all but reasonable restrictions on the individual right to bear arms, and struck portions of the DC statute as unconstitutional.