mcdonald
et
al
city
chicago
illinois
et
argued
march
decided
june
two
years
ago
district
columbia
heller
held
second
amendment
protects
right
keep
bear
arms
purpose
struck
district
columbia
law
banned
possession
handguns
home
chicago
hereinafter
city
village
oak
park
chicago
suburb
laws
effectively
banning
handgun
possession
almost
private
citizens
heller
petitioners
filed
federal
suit
city
consolidated
two
related
actions
alleging
city
handgun
ban
left
vulnerable
criminals
sought
declaration
ban
several
related
city
ordinances
violate
second
fourteenth
amendments
rejecting
petitioners
argument
ordinances
unconstitutional
noted
seventh
circuit
previously
upheld
constitutionality
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ban
heller
explicitly
refrained
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amendment
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circuit
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circuit
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illinois
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wall
held
judgment
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case
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justice
alito
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opinion
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heller
keep
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arms
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petitioners
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case
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submissions
primarily
argue
right
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arms
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clause
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amendment
cases
narrow
interpretation
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contend
fourteenth
amendment
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process
clause
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amendment
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chicago
oak
park
municipal
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process
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process
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barron
ex
rel
tiernan
mayor
baltimore
pet
constitutional
amendments
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civil
war
aftermath
fundamentally
altered
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four
years
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amendment
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cases
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presser
miller
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pp
whether
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keep
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arms
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process
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rel
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black
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process
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duncan
supra
eventually
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process
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keep
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arms
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must
decide
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liberty
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louisiana
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rooted
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history
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glucksberg
heller
points
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legal
systems
ancient
times
present
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held
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central
component
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amendment
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need
defense
self
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home
found
right
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citizens
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rights
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protected
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keep
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arms
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survey
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arms
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pp
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national
government
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militia
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keep
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arms
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valued
abolitionist
authors
wrote
support
right
attempts
disarm
bloody
kansas
met
outrage
constitutional
right
keep
bear
arms
taken
people
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war
southern
engaged
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heller
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rights
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keep
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arms
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general
building
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congressional
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amendment
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congress
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members
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arms
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pp
justice
alito
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chief
justice
justice
scalia
justice
kennedy
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iv
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amendment
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process
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reconsider
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amendment
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process
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dissents
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pp
justice
thomas
agreed
fourteenth
amendment
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amendment
right
keep
bear
arms
recognized
district
columbia
heller
fully
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path
conclusion
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amendment
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scheme
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louisiana
deeply
rooted
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history
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washington
glucksberg
fourteenth
amendment
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process
clause
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process
impose
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arms
enforceable
privilege
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citizenship
recognized
fourteenth
amendment
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inter
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state
shall
make
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abridge
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interpreting
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recall
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survey
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time
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keep
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arms
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alito
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scalia
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ginsburg
sotomayor
joined
otis
mcdonald
et
petitioners
city
chicago
illinois
et
al
writ
certiorari
appeals
seventh
circuit
june
justice
alito
announced
judgment
delivered
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respect
parts
chief
justice
justice
scalia
justice
kennedy
justice
thomas
join
opinion
respect
parts
iv
chief
justice
justice
scalia
justice
kennedy
join
two
years
ago
district
columbia
heller
held
second
amendment
protects
right
keep
bear
arms
purpose
struck
district
columbia
law
banned
possession
handguns
home
city
chicago
city
village
oak
park
chicago
suburb
laws
similar
district
columbia
chicago
oak
park
argue
laws
constitutional
second
amendment
application
previously
held
provisions
bill
rights
apply
full
force
federal
government
applying
standard
well
established
case
law
hold
second
amendment
right
fully
applicable
otis
mcdonald
adam
orlov
colleen
lawson
david
lawson
chicago
petitioners
chicago
residents
like
keep
handguns
homes
prohibited
chicago
firearms
laws
city
ordinance
provides
person
shall
possess
firearm
unless
person
holder
valid
registration
certificate
firearm
chicago
municipal
code
code
prohibits
registration
handguns
thus
effectively
banning
handgun
possession
almost
private
citizens
reside
city
like
chicago
oak
park
makes
unlawful
person
possess
firearm
term
includes
pistols
revolvers
guns
small
arms
commonly
known
handguns
oak
park
municipal
code
chicago
enacted
handgun
ban
protect
residents
loss
property
injury
death
firearms
see
chicago
journal
proceedings
city
council
mar
chicago
petitioners
amici
however
argue
handgun
ban
left
vulnerable
criminals
chicago
police
department
statistics
told
reveal
city
handgun
murder
rate
actually
increased
since
ban
chicago
residents
face
one
highest
murder
rates
country
rates
violent
crimes
exceed
average
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several
chicago
petitioners
targets
threats
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instance
otis
mcdonald
late
seventies
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dealers
app
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curiae
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state
texas
et
al
amici
curiae
colleen
lawson
chicago
resident
whose
home
targeted
burglars
lawson
judgment
possessing
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chicago
decrease
chances
suffering
serious
injury
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ever
threatened
home
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lawson
chicago
petitioners
handguns
store
outside
city
limits
like
keep
handguns
homes
protection
see
app
mcdonald
lawson
orlov
lawson
decision
heller
chicago
petitioners
two
filed
suit
city
district
northern
district
illinois
sought
declaration
handgun
ban
several
related
chicago
ordinances
violate
second
fourteenth
amendments
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action
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park
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district
national
rifle
association
nra
two
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park
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action
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assigned
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judge
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rejected
plaintiffs
argument
chicago
oak
park
laws
unconstitutional
see
app
nra
oak
park
supp
nd
noted
seventh
circuit
squarely
upheld
constitutionality
ban
handguns
quarter
century
ago
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quilici
morton
grove
heller
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seventh
circuit
affirmed
relying
three
cases
cruikshank
presser
illinois
miller
texas
decided
wake
interpretation
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immunities
clause
fourteenth
amendment
cases
wall
seventh
circuit
described
rationale
cases
defunct
recognized
consider
question
whether
fourteenth
amendment
due
process
clause
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amendment
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keep
bear
arms
nra
chicago
nevertheless
seventh
circuit
observed
obligated
follow
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declined
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amendment
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modern
selective
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internal
quotation
marks
omitted
granted
certiorari
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petitioners
argue
chicago
oak
park
laws
violate
right
keep
bear
arms
two
reasons
petitioners
primary
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right
among
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narrow
interpretation
privileges
immunities
clause
adopted
cases
supra
rejected
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petitioners
contend
fourteenth
amendment
due
process
clause
incorporates
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amendment
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chicago
oak
park
municipal
respondents
maintain
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rights
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municipal
respondents
possible
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civilized
country
recognize
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respondents
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process
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since
civilized
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respondents
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process
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light
parties
arguments
begin
recounting
analysis
years
relationship
provisions
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rights
bill
rights
including
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amendment
originally
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government
barron
ex
rel
tiernan
mayor
baltimore
pet
opinion
chief
justice
marshall
explained
question
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less
four
pages
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livingston
moore
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settled
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rights
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case
fourteenth
amendment
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things
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citizens
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person
life
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property
without
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process
law
four
years
adoption
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amendment
asked
interpret
amendment
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immunities
citizens
cases
supra
involved
challenges
louisiana
law
permitting
creation
monopoly
butchering
animals
within
city
new
orleans
justice
samuel
miller
opinion
concluded
privileges
immunities
clause
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new
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years
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cruikshank
first
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seventh
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stemming
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louisiana
easter
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dozens
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band
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constitutional
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arms
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wrote
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arms
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process
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rights
set
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rights
see
hurtado
california
due
process
require
grand
jury
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chicago
chicago
due
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press
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arms
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arms
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american
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arms
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able
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arms
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american
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americans
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arms
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keep
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arms
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right
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keep
bear
arms
heller
supra
slip
legal
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right
early
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tucker
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right
keep
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arms
true
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place
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blackstone
commentaries
editor
app
tucker
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also
rawle
view
constitution
america
ed
reprint
story
commentaries
constitution
right
citizens
keep
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arms
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second
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rights
fear
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government
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universal
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right
keep
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arms
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valued
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see
doubler
civilian
peace
soldier
war
amar
bill
rights
abolitionist
authors
wrote
support
right
see
spooner
unconstitutionality
slavery
reprint
tiffany
treatise
unconstitutionality
american
slavery
reprint
attempts
made
disarm
bloody
kansas
senator
charles
sumner
later
played
leading
role
adoption
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amendment
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ever
rifle
needed
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crime
kansas
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hon
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sumner
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republican
party
platform
protested
kansas
constitutional
rights
people
fraudulently
violently
taken
right
people
keep
bear
arms
infringed
national
party
platforms
ed
civil
war
many
african
americans
served
union
army
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old
confederacy
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efforts
made
disarm
blacks
see
heller
slip
foner
reconstruction
america
unfinished
revolution
hereinafter
foner
laws
formally
prohibited
african
americans
possessing
firearms
example
mississippi
law
provided
freedman
free
negro
mulatto
military
service
government
licensed
board
police
county
shall
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bowie
knife
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freedmen
miss
laws
documentary
history
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exec
doc
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america
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florida
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describing
alabama
law
throughout
south
armed
parties
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soldiers
serving
state
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slaves
first
session
congress
senator
wilson
told
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mississippi
rebel
state
forces
men
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armies
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things
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cong
globe
report
joint
committee
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widely
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congress
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arms
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arms
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section
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arms
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globe
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right
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arms
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see
also
amar
bill
rights
noting
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core
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civil
rights
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amendment
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freedmen
stripped
arms
affirm
full
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right
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today
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general
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amar
bill
rights
calabresi
two
cheers
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balkin
originalism
nw
rev
debating
fourteenth
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congress
referred
right
keep
bear
arms
fundamental
right
deserving
protection
senator
samuel
pomeroy
described
three
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liberty
form
government
cong
globe
one
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right
keep
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arms
every
man
right
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arms
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freedman
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ibid
even
thought
fourteenth
amendment
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blacks
citizens
equal
right
protection
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bear
arms
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nye
see
also
foner
evidence
period
immediately
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ratification
fourteenth
amendment
confirms
right
keep
bear
arms
considered
fundamental
speech
addressing
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freedmen
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stevens
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right
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rob
means
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routinely
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keep
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arms
decried
continued
disarmament
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south
see
halbrook
freedmen
finally
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commentators
period
emphasized
fundamental
nature
right
see
farrar
manual
constitution
america
reprint
pomeroy
introduction
constitutional
law
pp
ed
right
keep
bear
arms
also
widely
protected
state
constitutions
time
fourteenth
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ratified
union
state
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right
keep
bear
arms
see
calabresi
agudo
individual
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fourteenth
amendment
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deeply
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history
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texas
rev
quite
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moreover
explicitly
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keep
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arms
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see
ala
art
conn
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ky
art
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xviii
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art
mo
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art
iii
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mcadams
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state
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adopted
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confederate
included
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keep
bear
arms
see
ark
art
miss
art
tex
art
clear
majority
therefore
recognized
right
keep
bear
arms
among
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sum
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framers
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fourteenth
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right
keep
bear
arms
among
fundamental
rights
necessary
system
ordered
liberty
despite
evidence
municipal
respondents
contend
congress
years
immediately
following
civil
war
merely
sought
outlaw
discriminatory
measures
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addressed
adopting
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possession
firearms
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casey
moore
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adamson
california
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historical
study
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enrich
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theory
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amendment
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cruzan
director
mo
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health
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interest
litigants
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holdings
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interest
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reckoning
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meaningful
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iv
question
case
whether
second
amendment
right
keep
bear
arms
whatever
right
precise
contours
applies
amendment
incorporated
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amendment
question
rather
whether
particular
right
asserted
petitioners
applies
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amendment
standing
bottom
answer
question
need
determine
first
nature
right
asserted
second
whether
right
aspect
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amendment
liberty
even
accepting
holding
heller
remains
entirely
possible
right
keep
bear
arms
identified
opinion
judicially
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part
heller
right
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parts
right
also
apply
apply
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terms
noted
outset
liberty
interest
petitioners
asserted
right
possess
functional
personal
firearm
including
handgun
within
home
complaint
app
city
chicago
allows
residents
keep
functional
firearms
long
registered
generally
prohibits
possession
handguns
shotguns
machine
guns
rifles
see
chicago
municipal
code
petitioners
complaint
centered
desire
keep
handgun
domicile
references
home
nearly
every
paragraph
see
complaint
app
supporting
declarations
see
app
petitioners
frame
question
confronts
us
hether
second
amendment
right
keep
bear
arms
incorporated
fourteenth
amendment
privileges
immunities
due
process
clauses
brief
petitioners
duty
focus
allegations
complaint
determine
petitioner
describes
constitutional
right
stake
collins
gravamen
complaint
plainly
appeal
keep
handgun
firearm
one
choosing
home
petitioners
framing
complaint
tracks
ruling
heller
majority
opinion
contained
dicta
suggesting
possibility
expansive
right
one
travel
individual
extent
public
places
case
confrontation
slip
heller
plaintiff
sought
dispensation
keep
operable
firearm
home
lawful
see
slip
opinion
bookended
reminders
holding
limited
one
issue
slip
accord
ante
plurality
opinion
distinction
liberty
right
petitioners
asserted
second
amendment
right
identified
heller
therefore
evanescent
rooted
home
moreover
even
rights
logical
potential
extend
upon
future
evaluation
heller
slip
incumbent
upon
us
federal
judges
contemplating
novel
rule
bind
proceed
cautiously
decide
must
decided
understood
plea
keep
preferred
type
firearm
home
petitioners
argument
real
decision
keep
loaded
handgun
house
often
motivated
desire
protect
life
liberty
property
comparable
ways
decisions
education
upbringing
one
children
kind
decision
may
profound
consequences
every
member
family
world
beyond
considering
whether
keep
handgun
heads
households
must
ask
whether
desired
safety
benefits
outweigh
risks
deliberate
accidental
misuse
may
result
death
serious
injury
residents
home
others
well
millions
americans
answered
question
affirmative
infrequently
believe
inalienable
right
consider
aspect
human
dignity
master
one
fate
rather
ward
state
indiana
edwards
scalia
dissenting
many
decisions
based
part
family
traditions
deeply
held
beliefs
aspect
individual
autonomy
government
may
bolstering
petitioners
claim
law
long
recognized
home
provides
kind
special
sanctuary
modern
life
see
amdts
lawrence
payton
new
york
stanley
georgia
griswold
consequently
long
accorded
special
deference
privacy
home
whether
humble
cottage
magnificent
manse
veneration
domestic
harkens
back
common
law
william
blackstone
recognized
right
habitation
commentaries
opined
every
man
house
looked
upon
law
castle
defence
asylum
heller
carried
forward
legacy
observing
need
defense
self
family
property
acute
one
abode
celebrating
right
responsible
citizens
use
arms
defense
hearth
home
slip
individual
interest
firearm
possession
thus
heightened
home
state
corresponding
interest
regulation
somewhat
weaker
state
generally
lesser
basis
regulating
private
compared
public
acts
firearms
kept
inside
home
generally
pose
lesser
threat
public
welfare
compared
firearms
taken
outside
historical
case
regulation
likewise
stronger
outside
home
many
many
years
imposed
stricter
less
controversial
restrictions
carriage
arms
domestic
possession
see
slip
noting
majority
courts
consider
question
held
prohibitions
carrying
concealed
weapons
lawful
second
amendment
state
analogues
english
state
tex
observing
almost
every
one
union
prohibition
carrying
deadly
weapons
upon
statute
books
lambasting
claims
right
carry
weapons
little
short
ridiculous
miller
guns
smut
defending
second
amendment
colum
rev
significant
well
rule
limiting
federal
constitutional
right
keep
bear
arms
home
less
intrusive
state
prerogatives
easier
administer
unleashed
heller
tsunami
legal
uncertainty
thus
cusp
imposing
national
rule
area
first
time
history
least
moderate
confusion
upheaval
burden
adopting
rule
clearly
tightly
bounded
scope
briefs
several
amici
sought
bolster
petitioners
claim
still
invoking
right
individual
petitioners
note
heller
majority
discussed
subject
extensively
remarked
inherent
right
central
second
amendment
right
slip
true
state
try
deprive
residents
reasonable
means
defending
imminent
physical
threats
deny
persons
ability
assert
response
criminal
prosecution
might
pose
significant
constitutional
problem
argument
substantive
due
process
right
spared
untenable
dilemmas
serious
case
us
petitioners
asked
establish
constitutional
right
individual
neither
pleadings
district
filings
make
request
petitioners
contend
city
chicago
recall
allows
residents
keep
rifles
shotguns
keep
loaded
unduly
burdened
right
petitioners
asked
incorporate
second
amendment
thereby
establish
constitutional
entitlement
enforceable
keep
handgun
home
course
owning
handgun
may
useful
practicing
right
take
certain
type
action
analytically
distinct
right
acquire
utilize
specific
instrumentalities
furtherance
action
might
favor
handguns
clear
superior
weapon
lawful
nothing
petitioners
argument
turns
case
notion
right
implies
auxiliary
right
certain
type
firearm
presupposes
controversial
judgments
strength
scope
posited
right
also
controversial
assumptions
likely
effects
making
type
firearm
broadly
available
long
way
proposition
fourteenth
amendment
protects
basic
individual
right
conclusion
city
may
ban
short
utility
firearms
handguns
particular
defense
hearth
home
certainly
relevant
assessment
petitioners
asserted
right
freestanding
claim
case
question
must
decide
whether
interest
keeping
home
firearm
one
choosing
handgun
petitioners
one
comprised
within
term
liberty
fourteenth
amendment
whitney
brandeis
concurring
agree
substantive
due
process
cases
offer
principled
basis
holding
petitioners
constitutional
right
possess
usable
fiream
home
ultimately
persuaded
better
reading
case
law
supports
city
chicago
foreclose
possibility
particular
plaintiff
say
elderly
widow
lives
dangerous
neighborhood
strength
operate
long
gun
may
cognizable
liberty
interest
possessing
handgun
accept
petitioners
broader
submission
number
factors
taken
together
lead
conclusion
first
firearms
fundamentally
ambivalent
relationship
liberty
help
homeowners
defend
families
property
intruders
help
thugs
insurrectionists
murder
innocent
victims
threat
firearms
misused
far
hypothetical
gun
crime
devastated
many
communities
amici
calculate
approximately
one
million
americans
wounded
killed
gunfire
last
urban
areas
chicago
suffer
disproportionately
epidemic
violence
handguns
contribute
disproportionately
homeowners
may
prefer
handguns
small
size
light
weight
ease
operation
criminals
value
reasons
see
heller
breyer
dissenting
slip
recent
years
handguns
reportedly
used
firearm
murders
half
murders
hence
evaluating
asserted
right
free
particular
regulations
liberty
sides
equation
guns
may
useful
well
hunting
sport
also
unique
potential
facilitate
death
destruction
thereby
destabilize
ordered
liberty
interest
keeping
bearing
certain
firearm
may
diminish
interest
feeling
safe
armed
violence
granting
right
handgun
might
make
safer
given
day
assuming
handgun
marginal
contribution
outweighs
marginal
contribution
risk
accident
suicide
criminal
mischief
may
make
community
live
less
safe
overall
owing
increased
number
handguns
circulation
least
reasonable
democratically
elected
legislature
take
concerns
account
considering
sorts
regulations
best
serve
public
welfare
practical
impact
various
measures
may
highly
controversial
basic
insight
idea
deadly
weapons
pose
distinctive
threat
social
order
reasonable
restrictions
usage
therefore
impose
acceptable
burden
one
personal
liberty
old
republic
chief
justice
observed
day
foundational
premise
modern
government
state
holds
monopoly
legitimate
violence
basic
step
organizing
civilized
society
take
sword
private
hands
turn
organized
government
acting
behalf
people
robertson
ex
rel
watson
ante
slip
dissenting
opinion
holds
true
handgun
power
man
state
nature
whatsoever
thought
fit
preservation
rest
mankind
gives
significant
extent
regulated
laws
made
society
locke
second
treatise
civil
government
gough
ed
limiting
federal
constitutional
right
keep
bear
arms
home
complicates
analysis
dislodge
conclusion
even
though
long
afforded
special
solicitude
privacy
home
never
understood
principle
infring
upon
authority
proscribe
certain
inherently
dangerous
items
cases
compelling
reasons
may
exist
overriding
right
individual
possess
materials
stanley
course
guns
start
home
may
stay
home
even
government
weaker
basis
restricting
domestic
possession
firearms
compared
public
carriage
even
blanket
statewide
prohibition
domestic
possession
might
therefore
unconstitutional
line
two
porous
one
state
local
legislature
may
determine
prophylactic
ban
especially
portable
weapon
necessary
police
line
second
right
possess
firearm
one
choosing
different
kind
liberty
interests
recognized
due
process
clause
despite
plethora
substantive
due
process
cases
decided
century
found
none
holds
even
suggests
term
liberty
encompasses
either
right
right
keep
bear
arms
doubt
moment
many
americans
feel
deeply
passionate
firearms
see
critical
way
life
well
security
nevertheless
appear
case
ability
handgun
particular
type
firearm
critical
leading
life
autonomy
dignity
political
equality
marketplace
offers
many
tools
even
imperfect
substitutes
neither
petitioners
amici
make
contention
petitioners
claim
kind
substantive
interest
accordingly
uniform
judicially
enforced
national
standard
presumptively
indeed
respects
substantive
right
issue
may
better
viewed
property
right
petitioners
wish
acquire
certain
types
firearms
keep
certain
firearms
previously
acquired
interests
possession
chattels
traditionally
viewed
property
interests
subject
definition
regulation
cf
stop
beach
renourishment
florida
dept
environmental
protection
slip
opinion
scalia
generally
speaking
state
law
defines
property
interests
tradition
chicago
ordinance
liberty
interest
asserted
petitioners
also
dissimilar
recognized
capacity
undermine
security
others
sure
bill
rights
procedural
guarantees
may
place
restrictions
law
enforcement
controversial
public
safety
implications
ante
plurality
opinion
see
also
ante
opinion
scalia
implications
generally
quite
attenuated
defendant
invocation
right
remain
silent
confront
witness
exclude
certain
evidence
directly
cause
threat
defendant
liberty
interest
constrained
constraint
adjudicatory
process
link
handgun
ownership
public
safety
much
tighter
handgun
tool
crime
handgun
bullets
violence
similarly
undeniable
may
take
profound
offense
remark
made
soapbox
speaker
practices
another
religion
gay
couple
choice
intimate
relations
offense
moral
psychological
theological
nature
actions
taken
actually
threaten
physical
safety
firearms
may
used
kill
another
person
legislature
response
dangerous
weapons
ends
impinging
upon
liberty
individuals
pursuit
greater
good
invariably
basis
majority
moral
code
lawrence
quoting
casey
specific
policies
may
course
misguided
gun
control
area
quite
wrong
assume
regulation
liberty
occupy
mutually
exclusive
zones
one
expands
must
contract
stevens
miami
third
experience
advanced
democracies
including
share
british
heritage
undercuts
notion
expansive
right
keep
bear
arms
intrinsic
ordered
liberty
many
countries
place
restrictions
possession
use
carriage
firearms
far
onerous
restrictions
found
nation
see
municipal
respondents
brief
discussing
laws
england
canada
australia
japan
denmark
finland
luxembourg
new
zealand
international
outlier
permissiveness
approach
guns
suggest
laws
bad
laws
suggest
may
need
assume
responsibility
making
laws
still
permissive
admittedly
countries
differ
many
relevant
respects
including
problems
violent
crime
traditional
role
firearms
played
societies
different
dismiss
experience
entirely
cf
ante
plurality
opinion
ante
opinion
scalia
fact
oldest
allies
almost
uniformly
found
appropriate
regulate
firearms
extensively
tends
weaken
petitioners
submission
right
possess
gun
one
choosing
fundamental
life
liberty
american
perspective
must
always
focus
ante
plurality
opinion
silly
indeed
arrogant
think
nothing
learn
liberty
billions
people
beyond
borders
fourth
second
amendment
differs
kind
amendments
surround
consequence
inclusion
bill
rights
merely
unhelpful
positively
harmful
petitioners
claim
generally
inclusion
liberty
interest
bill
rights
points
toward
conclusion
fundamental
significance
enforceable
second
amendment
plays
peculiar
role
within
bill
announced
peculiar
opening
even
accepting
heller
view
amendment
protects
individual
right
keep
bear
arms
disconnected
militia
service
remains
undeniable
purpose
right
codified
prevent
elimination
militia
heller
slip
see
also
miller
second
amendment
enacted
ith
obvious
purpose
assure
continuation
render
possible
effectiveness
militia
forces
private
persons
whose
immediate
behalf
second
amendment
adopted
notwithstanding
heller
efforts
write
second
amendment
preamble
constitution
amendment
still
serves
structural
function
protecting
encroachment
overreaching
federal
government
second
amendment
words
federalism
provision
elk
grove
unified
school
dist
newdow
thomas
concurring
judgment
directed
preserving
autonomy
sovereign
logic
therefore
resists
incorporation
federal
ibid
one
suggests
tenth
amendment
provides
powers
given
federal
government
remain
applies
reading
border
incoherent
given
tenth
amendment
exists
significant
part
safeguard
vitality
state
governance
second
amendment
surely
correct
americans
conceptions
second
amendment
right
evolved
time
individualistic
direction
members
reconstruction
congress
urgently
concerned
safety
newly
freed
slaves
members
believed
following
ratification
fourteenth
amendment
second
amendment
apply
giant
leap
data
points
conclusion
fourteenth
amendment
incorporated
second
amendment
matter
original
meaning
postenactment
interpretation
consider
example
text
fourteenth
amendment
says
nothing
second
amendment
firearms
substantial
evidence
suggest
reconstruction
congress
enacted
measures
ensure
newly
freed
slaves
union
sympathizers
south
enjoyed
right
possess
firearms
motivated
antidiscrimination
equality
concerns
rather
concerns
per
se
many
contemporaneous
courts
commentators
understand
fourteenth
amendment
incorporating
effect
heavily
regulated
right
keep
bear
arms
amendment
passage
narrative
largely
elides
facts
complications
raise
show
even
dogged
historical
inquiry
fundamentality
second
amendment
right
necessarily
entails
judicial
judgment
therefore
judicial
discretion
every
step
way
accept
evolution
americans
understanding
second
amendment
may
help
shed
light
question
whether
right
keep
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arms
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arms
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arms
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rev
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every
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highly
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see
generally
legal
community
violence
regulating
guns
america
available
http
asp
internet
materials
visited
june
available
clerk
case
file
detailing
various
arms
regulations
every
state
particular
relevance
municipalities
ban
handguns
even
constitutionally
protect
right
bear
arms
see
chicago
municipal
code
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park
municipal
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ohio
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rico
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weapons
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crim
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also
federal
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see
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city
code
aurora
code
ordinances
buffalo
city
code
chicago
municipal
code
cincinnati
ohio
municipal
code
cleveland
ohio
codified
ordinances
columbus
ohio
city
code
denver
municipal
code
morton
grove
village
code
admin
code
oak
park
village
code
rochester
city
code
toledo
ohio
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code
two
maryland
hawaii
ban
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stat
ann
md
crim
law
code
ann
lexis
second
stated
earlier
state
courts
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almost
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see
winkler
scrutinizing
courts
every
state
consider
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regulation
apply
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wyo
robertson
city
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denver
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normally
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article
publication
striking
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three
banned
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permitting
law
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hence
evidenced
breadth
existing
regulations
local
governments
maintain
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flexibility
regulate
firearms
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seemingly
throughout
nation
history
even
arms
right
constitutions
although
one
scholar
implies
state
courts
less
willing
permit
total
gun
prohibitions
see
volokh
implementing
right
keep
bear
arms
analytical
framework
research
agenda
ucla
rev
aware
instances
past
years
state
struck
unconstitutional
law
banning
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see
winkler
scrutinizing
indeed
state
courts
specifically
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state
constitutions
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grove
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arms
right
merely
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turner
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arms
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state
bolin
ban
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arms
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recognized
heller
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state
courts
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state
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ante
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courts
struck
absence
supporting
information
help
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support
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wells
noting
treacherous
find
congressional
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adoption
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law
internal
quotation
marks
omitted
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show
tend
show
consensus
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right
strong
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strike
handgun
ban
deeply
rooted
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history
tradition
sum
framers
write
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amendment
order
protect
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right
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consensus
right
fundamental
broader
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right
fundamental
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historical
evidence
ambiguous
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support
conclusion
ambiguous
history
show
fourteenth
amendment
incorporates
private
right
respect
dissent
appendix
sources
supporting
data
part
popular
consensus
please
see
following
sources
support
paragraph
popular
opinion
pages
filed
case
argue
incorporation
include
brief
conference
mayors
amicus
curiae
organization
representing
cities
populations
brief
american
cities
et
al
amici
curiae
brief
filed
behalf
many
cities
philadelphia
seattle
san
francisco
oakland
cleveland
brief
representative
carolyn
mccarthy
et
al
amici
curiae
brief
state
illinois
et
al
amici
curiae
guns
abortions
unraveling
rule
law
rev
discussing
divided
public
opinion
correct
level
gun
control
data
gun
violence
please
see
following
sources
support
sentences
concerning
gun
violence
page
justice
bureau
justice
statistics
zawitz
strom
firearm
injury
death
crime
deaths
injuries
caused
firearms
year
et
risk
factors
femicide
abusive
relationships
results
multisite
case
control
study
pub
health
noting
abusive
partner
access
firearm
increases
risk
homicide
eightfold
women
physically
abusive
relationship
academy
pediatrics
injuries
affecting
pediatric
population
pediatrics
noting
deaths
accounted
injury
deaths
individuals
justice
federal
bureau
investigation
law
enforcement
officers
killed
assaulted
table
noting
firearms
killed
law
enforcement
officers
feloniously
killed
line
duty
online
http
justice
bureau
justice
statistics
duhart
urban
suburban
rural
victimization
pp
live
urban
areas
particularly
risk
firearm
violence
future
firearm
violence
prevention
jama
half
homicides
occurred
cities
nation
population
data
effectiveness
regulation
please
see
following
sources
support
sentences
concerning
effectiveness
regulation
page
brief
professors
criminal
justice
amici
curiae
noting
chicago
handgun
ban
saved
several
hundred
lives
perhaps
close
since
enacted
association
prosecuting
attorneys
et
al
amici
curiae
arguing
stringent
gun
regulations
help
protect
police
officers
operating
front
lines
gun
violence
reduced
homicide
rates
washington
baltimore
conference
mayors
amici
curiae
arguing
gun
regulations
helped
lower
new
york
crime
homicide
rates
data
handguns
home
please
see
following
sources
referenced
sentences
discussing
studies
concerning
handguns
home
pages
organizations
committed
protecting
public
health
safety
amici
curiae
support
respondents
discussing
studies
show
handgun
ownership
home
associated
increased
risk
homicide
firearms
us
homes
risk
factor
unintentional
gunshot
fatality
accident
analysis
prevention
showing
die
firearms
accidents
nearly
four
times
likely
average
gun
home
et
suicide
home
relation
gun
ownership
new
england
medicine
demonstrating
homes
one
handguns
associated
risk
suicide
almost
twice
high
homes
containing
long
guns
data
regional
views
conditions
please
see
following
sources
referenced
section
diversity
regional
views
conditions
page
et
prevalence
household
firearms
practices
district
columbia
findings
behavioral
risk
factor
surveillance
system
pediatrics
presenting
data
firearm
ownership
state
breyer
dissenting
slip
discussing
various
sources
showing
gun
violence
varies
state
including
wintemute
future
firearm
violence
prevention
jama
supra
breyer
dissenting
slip
citing
branas
nance
elliott
richmond
schwab
shifts
intentional
firearm
death
public
health
discussing
fact
urban
centers
face
significantly
greater
levels
firearm
crime
homicide
rural
communities
proportionately
greater
problems
nonhomicide
gun
deaths
suicides
accidents
justice
federal
bureau
investigation
crime
tbl
noting
murder
rate
times
higher
new
orleans
lincoln
nebraska
footnotes
see
brief
heartland
institute
amicus
curiae
noting
handgun
murder
rate
brief
buckeye
firearms
foundation
et
al
amici
curiae
chicago
murders
city
including
much
larger
los
angeles
new
york
internal
quotation
marks
omitted
see
also
brief
international
law
enforcement
educators
trainers
association
et
al
amici
curiae
app
providing
comparisons
chicago
rates
assault
murder
robbery
average
crime
rates
large
cities
brief
women
state
legislators
et
al
amici
curiae
illinois
state
rifle
association
second
amendment
foundation
first
sentence
fourteenth
amendment
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persons
born
naturalized
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iv
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lane
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see
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naacp
legal
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education
fund
amicus
curiae
see
lane
supra
cruikshank
statement
case
opinion
lawrence
civil
rights
criminal
wrongs
mens
rea
federal
civil
rights
crimes
tulane
rev
senator
jacob
howard
spoke
behalf
joint
committee
reconstruction
sponsored
amendment
senate
stated
amendment
protected
personal
rights
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first
eight
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cong
globe
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cong
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bingham
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congress
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historians
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al
amici
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quoting
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citing
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person
killed
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blackstone
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laws
england
reprint
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boston
evening
post
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prove
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arms
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rights
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province
law
requires
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arms
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upon
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boston
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boston
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rule
emphasis
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alone
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right
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arms
fundamental
right
democratic
party
platform
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firearms
union
troops
occupying
parts
south
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interference
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people
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arms
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national
party
platforms
south
carolina
prominent
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citizens
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code
drafted
memorial
congress
included
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protection
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right
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arms
ask
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declares
right
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arms
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late
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state
pass
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plain
violation
constitution
halbrook
freedmen
fourteenth
amendment
right
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arms
hereinafter
halbrook
freedmen
quoting
proceedings
black
state
conventions
foner
walker
eds
senator
charles
sumner
relayed
memorial
senate
described
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request
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citizens
constitutional
protection
keeping
arms
cong
globe
see
kendrick
journal
joint
committee
fifteen
reconstruction
adamson
california
appendix
dissenting
opinion
black
disarmament
bands
former
confederate
soldiers
eventually
gave
way
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ku
klux
klan
debates
later
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enforcement
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senator
john
pool
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globe
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rev
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quoting
right
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arms
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recorder
pp
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arms
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end
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senator
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congress
regret
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sir
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powerless
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attorney
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holding
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also
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every
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also
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resolution
declaring
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va
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complete
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protection
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subsequent
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speech
joseph
hemphill
missouri
question
house
representatives
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pamphlet
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reprinted
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pamphlets
right
hold
slaves
federal
right
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pleased
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constitution
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also
lash
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antebellum
term
art
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collecting
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speech
hon
john
bingham
ohio
house
representatives
february
support
proposed
amendment
enforce
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rights
cong
globe
pamphlet
published
official
reporter
congressional
debates
distributed
presumably
pursuant
congressional
franking
privilege
see
wildenthal
nationalizing
bill
rights
revisiting
original
understanding
fourteenth
amendment
ohio
hereinafter
wildenthal
full
text
bingham
first
draft
provided
follows
congress
shall
power
make
laws
shall
necessary
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secure
citizens
state
privileges
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citizens
several
persons
several
equal
protection
rights
life
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property
cong
globe
separate
article
day
paper
expounded
upon
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detail
omitting
bingham
chief
rebuttals
times
unbalanced
nature
new
york
times
coverage
unsurprising
scholars
noted
ost
papers
time
reconstruction
frank
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slant
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wildenthal
paper
still
defending
president
johnson
resistance
republican
reform
measures
exemplified
fact
supported
johnson
veto
civil
rights
act
ibid
papers
covered
howard
speech
include
following
baltimore
gazette
may
boston
daily
journal
may
boston
daily
advertiser
may
daily
national
intelligencer
may
springfield
daily
republican
may
charleston
daily
courier
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daily
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chicago
tribune
may
philadelphia
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may
see
pomeroy
introduction
constitutional
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bennett
ed
describing
country
still
considering
needed
remedy
barron
ex
rel
tiernan
mayor
baltimore
pet
held
bill
rights
enforceable
farrar
manual
constitution
america
reprint
ed
describing
fourteenth
amendment
swept
away
decisions
many
courts
popular
rights
guaranteed
constitution
secured
federal
government
municipal
respondents
justice
breyer
dissent
raise
unusual
argument
prohibits
discriminatory
laws
affecting
right
keep
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arms
offers
substantive
protection
rights
enumerated
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freedom
speech
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post
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discrimination
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berger
government
judiciary
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fourteenth
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address
coverage
privileges
immunities
clause
applies
second
amendment
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presented
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raleigh
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davis
right
compensation
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taking
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swain
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people
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black
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prohibiting
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hunt
within
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arms
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process
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reason
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bill
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art
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bill
rights
provisions
prevent
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affairs
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construed
protecting
rights
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ninth
tenth
amendments
obvious
examples
first
amendment
establishment
clause
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elk
grove
unified
school
dist
newdow
thomas
concurring
judgment
see
amar
extent
justice
stevens
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reliance
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post
internal
quotation
marks
omitted
celebration
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dynamism
substantive
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process
speaks
post
tillman
went
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south
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later
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discussed
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citizens
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stevens
dissenting
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length
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even
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congress
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act
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footnotes
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cruikshank
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miller
texas
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chi
rev
finding
support
legislative
history
fewer
four
interpretations
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contradict
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submission
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original
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mason
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rights
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rosenthal
new
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incorporation
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detailing
reasons
doubt
clause
originally
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bill
rights
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privileges
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rev
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glucksberg
souter
concurring
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acknowledging
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led
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substantive
rights
see
ely
oxymoron
reconsidered
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reality
origins
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commentary
concluding
american
statesmen
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viewing
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process
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sir
edward
coke
william
blackstone
failed
understand
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process
encompassing
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terms
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originalist
defense
substantive
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process
magna
carta
constitutionalism
fifth
amendment
emory
arguing
one
widely
shared
understanding
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process
clause
fifth
amendment
late
eighteenth
century
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judicial
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unenumerated
substantive
rights
maltz
fourteenth
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concepts
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substantial
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harv
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historical
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voting
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banning
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also
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branch
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shall
construed
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retained
people
stevens
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rights
century
progress
chi
rev
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stevens
miami
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greene
right
privacy
rev
see
also
gitlow
holmes
dissenting
general
principle
free
speech
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amendment
view
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latitude
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allowed
congress
sweeping
language
governs
govern
laws
subsequent
decisions
repeatedly
reaffirmed
persons
hold
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speech
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amendment
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clause
first
amendment
per
se
see
naacp
alabama
ex
rel
patterson
cantwell
connecticut
thornhill
alabama
see
also
mcintyre
ohio
elections
term
fourteenth
amendment
constitution
makes
first
amendment
applicable
classic
opinions
written
justice
cardozo
justice
frankfurter
endorsed
basic
approach
incorporation
fourteenth
amendment
taken
distinct
source
rights
independent
first
eight
amendments
palko
connecticut
opinion
cardozo
adamson
california
frankfurter
concurring
see
also
wolf
colorado
notion
process
law
guaranteed
fourteenth
amendment
shorthand
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amendments
constitution
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impressive
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wolf
holding
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ohio
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doctrine
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williams
florida
harlan
concurring
result
expressly
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part
fourth
fourteenth
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arms
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see
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arms
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ucla
rev
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et
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amici
curiae
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brief
justice
cardozo
test
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chicago
chicago
discussing
limitations
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power
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arms
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heller
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villages
winnetka
skokie
illinois
et
al
amici
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stating
wake
heller
municipalities
repealed
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handgun
laws
avoid
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professors
philosophy
criminology
law
fields
amici
curiae
brief
international
law
enforcement
educators
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association
et
al
amici
curiae
brief
california
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attorneys
et
al
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right
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oak
park
citizens
committee
handgun
control
amicus
curiae
brief
american
cities
et
al
amici
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lafave
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rev
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respondents
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justice
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commentaries
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