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District of Columbia v. Heller (2008): The Individual Second Amendment Right

Last reviewed: 2026-08-28Topic: History of U.S. Gun Laws
Quick answer

District of Columbia v. Heller held in 2008 that the Second Amendment protects an individual right to possess a firearm unconnected with militia service for traditionally lawful purposes such as self-defense in the home.

Heller is the decision that transformed the modern constitutional debate over gun regulation.

Why it matters: District of Columbia v. Heller held in 2008 that the Second Amendment protects an individual right to possess a firearm unconnected with militia service for traditionally lawful purposes such as self-defense in the home.

The case challenged D.C. handgun and storage restrictions

D.C. generally barred registration of handguns and required lawful firearms in the home to be kept inoperable, subject to limited exceptions.

The Court recognized an individual right

The Supreme Court held 5-4 that the Amendment’s operative clause protects an individual right and invalidated the challenged core restrictions.

Heller also said the right is not unlimited

The opinion identified longstanding categories of regulation as presumptively lawful and emphasized that the Second Amendment does not protect every weapon, person, place or manner of carrying.

Heller did not decide application to the states

Because D.C. is a federal district, the Court addressed state incorporation two years later in McDonald.

Where this fits in the larger timeline

This event is part of the History of Gun Laws in America series. Federal firearm law developed incrementally through constitutional amendments, taxation and commerce statutes, criminal prohibitions, background-check legislation and modern Second Amendment decisions.

Frequently asked questions

What did Heller decide?

It held that the Second Amendment protects an individual right to possess a firearm for lawful purposes including self-defense in the home.

Did Heller eliminate all gun laws?

No. The Court expressly described the right as not unlimited.

When was Heller decided?

June 26, 2008.

Did Heller apply the Second Amendment to states?

No. McDonald v. Chicago addressed that question in 2010.

Sources and legal references