Second Amendment Case Law (Part 1)

by | Aug 24, 2016 | Blog, Criminal Law, Know Your Rights

Second Amendment Criminal LawyerSecond Amendment rights are a hot button issue in the United States. During this election season, they are certain to play a role in the presidential debates and campaigns. The most recent United States Supreme Court case on the firearms issue was District of Columbia v. Heller, decided on June 26, 2008.

In Heller, the Supreme Court of the United States held unconstitutional a District of Columbia law banning handgun possession by making it a crime to carry an unregistered firearm and prohibiting the registration of handguns. The law at issue provides separately that no person may carry an unlicensed handgun, but authorizes the police chief to issue 1–year licenses; and requires residents to keep lawfully owned firearms unloaded and disassembled or bound by a trigger lock or similar device. Respondent Heller, a D.C. special policeman, applied to register a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requirement insofar as it prohibits carrying an unlicensed firearm in the home, and the trigger-lock requirement insofar as it prohibits the use of functional firearms in the home. A divided Unites States Supreme Court ruled as follows in a five to four decision.

The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
I think Fred's alerts are a great service to his audience and a very smart marketing tool. Keep up the good work, Fred.
Charles O
Google star 1Google star 2Google star 3Google star 4Google star 5
Today my life was about to change! With great communication and excellent service he was able to create the impossible!! I am now able to continue to drive for a living!! I highly recommend his services and trust his judgment-HE KNOWS HIS STUFF!!! He saved my life and livelihood today! Mr.Frank Sisto is an absolutely amazing attorney! Thank you again I’ll never forget this day! God Bless
Edward J
Google star 1Google star 2Google star 3Google star 4Google star 5
I had the pleasure of dealing with Mr Sisto personally from beginning to end. He was very Professional, very clear with his communication and acted quickly to find a solution to my particular issue. I HIGHLY recommend Frederick P Sisto to any and all who need an amazing and hard working attorney...
Eddie B
Google star 1Google star 2Google star 3Google star 4Google star 5
Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
Google star 1Google star 2Google star 3Google star 4Google star 5
I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
....and his Dog Gonzo is a great attorney.
Duane H
Google star 1Google star 2Google star 3Google star 4Google star 5
The most important thing an attorney can do for their client is get results in the courtroom. Fred Sisto did this for me, and did so in such a professional and communicative manner that I would absolutely recommend him to anyone in New Jersey who is dealing with criminal charges. Fred was able get results when other attorneys did not. I definitely recommend speaking with him.
Brian C
Google star 1Google star 2Google star 3Google star 4Google star 5
always feel better knowing I don't need to be stopped when I haven't done anything wrong it's a great service and gives me peace of mint
Liesel T
Google star 1Google star 2Google star 3Google star 4Google star 5
Great Job! Enjoy getting the updates.
Ed R
Google star 1Google star 2Google star 3Google star 4Google star 5
He has helped numerous people stay out of trouble
Christopher B