Felon's Gun Rights: Doesn't Heller Make it OK to Carry a Gun to Protect Ourselves?

Abstract

According to the majority opinion in District of Columbia v. Heller, the Second Amendment right to bear arms is a fundamental, enumerated, individual right borne from the inherent privilege to protect one’s self and home, and it is not contingent upon service in the military. Given that this right is individual, fundamental, and enumerated, felons should then no longer be among the group excluded from exercising this right, particularly when they do not lose other fundamental individual rights upon conviction. The right to bear arms becomes particularly important because many felons live in urban neighborhoods that require the ability to protect themselves and their homes. Also, given the fact that a majority of released felons were convicted of non-violent offenses, restrictions on their right to protect themselves does not serve the public interest of keeping citizens safe from violent persons.