Addressing one of the most contentious questions in American constitutional history, the U.S. Supreme Court, in its 2008 District of Columbia v. Heller decision, ruled 5–4 that the Second Amendment guarantees individual Americans a fundamental, but not unlimited, right to bear arms. The Supreme Court’s four conservative justices, joined by the more moderate Justice Kennedy, ruled that individuals have a constitutional right to keep loaded arms for self-defense, at least in the home. The majority view was based on its reading of the historical record associated with the Second Amendment, while the four dissenting, liberal justices argued that the Second Amendment guaranteed only a collective right to bear arms in a militia. 

Questions 

1. As you interpret the Second Amendment, did the Supreme Court reach a correct decision in the Heller case? Explain. 

2. The United States, with the highest rate of private gun ownership among developed nations, likewise leads in gun deaths, with about 30 homicides per one million people in 2014, while Switzerland, with the next highest rate, had 7.7 homicides per million people. As a matter of public policy, did the Supreme Court reach a wise decision in the Heller case? Explain. 

3. “When May I Shoot a Student?” was a Boise State University professor’s satirical query of the Idaho state legislature just prior to its decision to permit guns on Idaho campuses. At the time, eight states specifically permitted the concealed carrying of weapons on campus by students. What are your thoughts about students and faculty members carrying guns on your campus?