As reported, the 7th Circuit Court of Appeals has upheld the Chicago and Oak Park handgun ban:

On May 26, 2009, the Seventh Circuit Court of Appeals heard oral arguments, and today they issued their ruling, upholding the ban.  The 7th Circuit’s reasoning seems to be that the Supreme Court did not expressly incorporate the 2nd Amendment in D.C. v. Heller, or any prior cases.

This is not a favorable outcome, to be sure, but I remain optimistic.  Firstly, I would note that the Supreme Court did not reject incorporation of the 2nd Amendment in D.C. v. Heller, but instead simply did not decide the issue, since it wasn’t relevant to that case.  Secondly, any Supreme Court cases that predate D.C. v. Heller, and show reluctance to incorporate the 2nd Amendment, are likely not good law in light of the landmark D.C. v. Heller ruling.  Finally, the 9th Circuit has already incorporated the 2nd Amendment, meaning that there is now a circuit split, making it much more likely that the Supreme Court will hear this case.  In short, I’m optimistic that the Chicago and Oak Park handgun bans may yet be struck down.

For more information about “incorporation,” and other legal matters relating to these cases, take a look at this article.