Federal Cases

Significant Federal Court Decisions

  • District of Columbia v. Heller US 07-290.  The United States Supreme Court rules in a narrowly decided 5 to 4 decision that the Second Amendment to the United States Constitution protects an individual right to keep and bear “common” firearms.  Its a significant opinion and resolves only a small number of issues.  It raises many more such as the scope of the individual right, what types of firearms are “common” (for example, would an M-16 or a Thompson submachine gun be more “common” if the number in private ownership was not limited by federal enactment?)
  • United States v. Robert Stewart, No. 02-10318, 9th Circuit Court of Appeals, November 13, 2003. (Holding homemade machineguns may not – under specific circumstances – be regulated by the Federal Government because no “interstate commerce”).
  • United States v. Albert Marlowe, No. 3:02-00141, Mid. Dist. Tenn. Feb 14, 2003. (Extensive analysis of the federal and state restoration statutes.)
  • United States v. Timothy Emerson, No. 99-10331 (5th Cir. Nov. 2, 2001)(Extensive historical analysis of the Second Amendment.)
  • Printz v. United States, No. 95-1478 (U.S. 1997) (Struck down part of Brady.)