Argument: 2nd amendment combines right to militia and individual arms

Issue Report: DC handgun ban


Oral arguments in DC vs. Heller. Mr. Dellinger: “Now, what I think is happening is that two different rights are being put together. One was a textual right to protect the militia. I think the better argument for the — for the other side, for Mr. Heller, is that the amendment’s purpose is militia protective, but it was overinclusive in the way that several of you have suggested, and that is that, as the court below said, preserving the individual right, presumably to have guns for personal use, was the best way to ensure that the militia could serve when called.