Second Amendment Redux: Scrutiny, Incorporation, And the Heller Paradox‪.‬

In District of Columbia v. Heller, (1) the final opinion of the Supreme Court's 2007 term, Justice Antonin Scalia reinvigorated the Second Amendment. Writing for a 5-4 majority, Justice Scalia held unequivocally that the Second Amendment protects an individual right to possess a firearm in the home for self-defense, unconnected with militia service. (2) He also held that the three Washington, D.C., laws that Heller challenged were unconstitutional: first, the outright ban on all handguns acquired after 1976; second, the ban on carrying handguns acquired before 1976 from room to room without a permit, which could not be obtained; and third, the requirement that rifles and shotguns in the home had to be unloaded and either disassembled or trigger-locked. (3) Three issues received less attention in the majority and dissenting opinions, but have significant implications. First, what gun regulations are now permissible? Second, will the Second Amendment apply against state and local governments? Third, was the Heller decision a hidden victory for gun controllers?