On June 26, 2008, by a vote of 5-4, The United States Supreme Court ruled that the Second Amendment to the United States Constitution guarantees a fundamental, INDIVIDUAL right to own a firearm.
Voting with the majority were Chief Justice Roberts, Justice Alito, Justice Thomas, Justice Kennedy, and Justice Scalia, who wrote the opinion. Justices Breyer, Ginsburg, Souter and Stevens voted to uphold D.C.’s complete gun ban.
Buckeye Firearms Foundation, together with a coalition of private security companies, filed an amicus brief in support of Mr. Heller.
With this decision, the Court signaled an unequivocal end to the two-decade legal charade popularly referred to as the "collectivist theory." Your right to possess a firearm in your own home is an individual right and has nothing to do with your role, or lack of role, in any militia.
Prior to today’s decision, the majority of the federal court circuits had utilized the collectivist theory, mostly as a means to uphold criminal convictions for violations of federal firearm laws. Clearly bad facts make bad law, and today’s decision is the reprieve gun owners have been looking for.
