Patrick Leahy in ScotusBlog.com


On Gun Control: Heller case established a fundamental individual right

Senator Leahy (D,VT): Two years ago, in District of Columbia v. Heller, the Supreme Court held the Second Amendment guarantees to Americans the individual right to keep and bear arms. I am a gun owner, as are many people in Vermont, and I agreed with the Heller decision. And just yesterday in McDonald v. the City of Chicago, the Court decided the Second amendment right established in Heller is a fundamental right that applies to the States as well as the Federal Government. Is there any doubt after the Court's decision in Heller and McDonald that the Second Amendment to the Constitution secures a fundamental right for an individual to own a firearm, use it for self-defense in their home?

SCOTUS nominee Elena KAGAN: There is no doubt, Senator Leahy. That is binding precedent entitled to all the respect of binding precedent in any case. So that is settled law.

Source: ScotusBlog.com on Elana Kagan confirmation hearing Jul 9, 2012

The above quotations are from ScotusBlog: Legal analysis of the Supreme Court of the United States.
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