Supreme Court to Hear Chicago Handgun Ban Case (McDonald v. Chicago)!

Published by the Author on September 30, 2009 at 7:34 pm > Gun Related News > Supreme Court to Hear Chicago Handgun Ban Case (McDonald v. Chicago)!

The United States Supreme Court has decided to hear the McDonald v. Chicago case, which will decide whether the 2nd Amendment right to keep and bear arms applies against state and local government, the same way it applies against the Federal government.  An NRA press release which provides more information is quoted below:

Fairfax, Va. — The National Rifle Association applauds the Supreme Court’s decision, announced today, to hear the landmark Second Amendment case of McDonald v. Chicago. The case will address the application of the Second Amendment to the states through either the Due Process clause or the Privileges or Immunities clause of the Fourteenth Amendment. The case has major implications for the legality of restrictive gun laws not only in Chicago, but also in other cities across the United States. The decision to hear the case, which will be argued later this year or early next year, gives Second Amendment advocates across America hope that this fundamental freedom will not be infringed by unreasonable state and local laws.

“The Second Amendment applies to every citizen, not just to those living in federal enclaves like Washington D.C. In the historic Heller decision, the Supreme Court reaffirmed what most Americans have known all along — that the Second Amendment protects an individual right and that it applies to all Americans. The government should respect the Second Amendment rights of law-abiding citizens throughout our country, regardless of where they live, and NRA is determined to make sure that happens,” said Wayne LaPierre, NRA executive vice president.

In the June ruling that the Supreme Court will now review, the U.S. Court of Appeals for the Seventh Circuit held that the Second Amendment does not apply to state and local governments. That opinion left in place the current ban on the possession of handguns in Chicago.

However, the Seventh Circuit incorrectly claimed it was bound by precedent from 19th century Supreme Court decisions in failing to incorporate the Second Amendment. Many legal scholars believe that the Seventh Circuit should have followed the lead of the earlier Ninth Circuit panel decision in Nordyke v. Alameda County, which found that those cases don’t prevent the Second Amendment from applying to the states through the Due Process clause of the Fourteenth Amendment. To the contrary, a proper incorporation analysis supports application of the Second Amendment to the States.

“It is an injustice that the residents of Chicago continue to have their Second Amendment rights denied,” said Chris W. Cox, NRA’s chief lobbyist. “It’s time that the fundamental right of self-defense is respected by every jurisdiction throughout the country. It is our hope that the Supreme Court will find, once and for all, that all law-abiding Americans have the God-given, constitutionally-protected right of self-defense, no matter what city, county or state they call home.”

My thanks to the many many many people who emailed me with the news that the Supreme Court had granted certiorari in this case.

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  • tombarkley73

    The 7th circuit court vacated the sentence of a man that had a misdemeanor DV conviction for possession of a shotgun finding that he may still have second amendment rights. Just want to leave a comment on what one has said about our god given rights.Tony Gibart is worried that this case might leave a wrong impression that firearm restrictions imposed on those convicted of domestic violence are somehow different in kind from similar restrictions on felons and those deemed mentally incompetent. The truth is they should be different. The key word here is misdemeanor. They can be trusted to hold public office, to vote and sit on a jury, but they cant own a gun, makes a whole lot of sense. Tony Gibart claims to have all this evidence, that seven victims have been killed with firearms with previous DV convictons. Guess what they still got there hands on guns. Out of all statistics shown I wonder if they ever show any about those being previosly convicted staying out of trouble lets say ten or twenty years, I doubt it because they claim that is goes unreported, and they feel that it give them justification to judge everybody the same. The truth is not everybod with a misdemeanor domestic violence conviction comes home on a daily basis and manipulates every aspect of there spouses lives. I wonder if the statistics of those with felony and misdemeanor convictions are separate, if not they should be because they are different classes of offenders. The statistics that are shown are only partial truths. If Skoines crime was severe enough to lose his second amendment rights he should of been charged with a felony he was not, this is a failure of the judges if they are failing to do so. Good people are losing there right to bear arms as something as a silly argument. I know a few women that claim that they are tired of people like tony gibart meddling with there lives over someting as silly as a argument with there spouse. If any type of intervention was required it should have been classified as a felony. Right now it is easier for violent felons to get there second amendment rights restored than those convicted with a misdemeanor domestic violence conviction. I guess it is okay to take a risk of someone being a menace to an entire society over family issues. To strip one of there rights over what they think he or she might do is purely unconstitutional. To treat felons better that misdemeanants is unconstitutional. The lautenberg goes far beyond domestic violence take this terror watch list for example, they are talking about putting returning veterans from iraq and afgahanistan on it that could strip them of there second amendment rights. This is a slap in the face to our men and woman serving in uniform. Might I remind Tony Gibart that if it werent for our veterans that they would not be able to exercise any right. It is time that the government and people like tony gibart to stop micro managing americans life. They are trying to strip away the second amendment slowly with amendment after amendment. To sentence one for exercising his constitutional right is tyrany. How can one lose a constitutional right when the offense was not severe enough to lose core civil rights. The ex po facto thing has been argued time and time again, how can memebers of congress dare say that losing your god giving constitutional right is not considered punishment. America please wake up.