The Heller Decision and Its Possible Implications for Right-to-Carry Laws Nationally

• Published date: 01 February 2009
• Date: 01 February 2009
• DOI: http://doi.org/10.1177/1043986208329702
• Subject Matter: Articles

113

The Heller Decision and Its

Possible Implications for

Right-to-Carry Laws Nationally

Benjamin A. Neil

Towson University, Maryland

Brian A. Neil

University of Baltimore School of Law

The decision by the United States Supreme Court in District of Columbia v. Heller, 554

U.S. 2008, together with the research of Professor and research scientist John Lott now

opens a number of new discussions concerning handguns in the United States.

Whereas Professor Lott maintains that allowing citizens to carry concealed handguns

lowers crime rates. The Supreme Court has now established for the first time ever,that

citizens may possess handguns and firearms for private use in their homes. Taken

together, more questions have been created than answered.

Keywords: Handguns; right to carry; Heller case; violent crime; concealed weapons;

gun ownership; second amendment; firearm ownership

There has been a remarkable change in attitude toward the benefits of allowing

citizens to carry concealed handguns for self-protection. Over the past 20 years,

30 additional states have become right-to-carry states, bringing the current total of

right-to-carry states to 40. Recently, the Supreme Court rendered its decision in the

landmark case of District of Columbia v. Heller (2008), striking down a District of

Columbia law banning the rights of citizens to own handguns. Both progun and anti-

gun lobbyists are pondering the question, Will the High Court’s ruling on handgun

ownership open the doors for permissiveness for the right to carry concealed

weapons on a national level?

It is apparent that some states have found a societal benefit over the past few

decades in expanding theircitizens’ rights to carry concealed handguns.Accordingly,

not one state in recent years has relaxed its rules for obtaining concealed handgun

permits or reversed course and instituted new restrictions.

John Lott (2000)argued in his book MoreGuns, Less Crime: Understanding Crime

and Gun Control Laws that allowing citizens to carryconcealed weapons actuallylow-

ers crimes rates.Additionally, he found that the states that have had thehighest growth

in gun ownership have experienced the largest drops in violent crime rates. Lott noted

that for the first 8 to 9 years that concealed-carry laws have been in effect,murder rates

have fallen by an average of1% to 1.5% per year, whereas robbery and rape rates have

Journal of Contemporary

Criminal Justice

Volume25 Number 1

February 2009 113-118

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