Free Republic

The Supreme Court has now incorporated the Second Amendment against the states. But the impact of that decision may turn out to be fairly limited. In most states, there will be little if any change in the actual extent of gun regulation. The ideologically divided nature of the Court’s decision suggests that the legal status of the Second Amendment isn’t yet completely secure. That said, the decision will have a substantial practical impact in a few areas and it also represents a tremendous symbolic victory for gun rights advocates. I. Limited Practical Impact. On balance, I agree with scholars such...

In what is probably the most important Second Amendment case in Supreme Court history, the Court today held that the “right of the people to keep and bear Arms” cannot be infringed by the states. In 2008 in District of Columbia v. Heller, the Court for the first time held that the right to bear arms was an individual right. But that decision, which struck down a virtual ban on handguns and a requirement that rifles and shotguns had to be kept “unloaded and disassembled or bound by a trigger lock” in the District of Columbia, applied only to the...

CHICAGO — Chicago Mayor Richard Daley says he's disappointed by Monday's Supreme Court decision that Americans have the right to own a gun for self-defense anywhere they live. He says it's clear the city's handgun ban will ultimately be struck down. But he says officials are working to rewrite the ordinance to protect Second Amendment rights and to protect Chicago residents from gun violence. Monday's Supreme Court decision did not explicitly strike down the ban on handguns in Chicago and suburban Oak Park. Instead, it ordered a federal appeals court to reconsider its ruling. But it left little doubt that...

The Supreme Court ruled for the first time Monday that the Second Amendment provides all Americans a fundamental right to bear arms, a long-sought victory for gun rights advocates who have chafed at federal, state and local efforts to restrict gun ownership. The court was considering a restrictive handgun law in Chicago and one of its suburbs that was similar to the District law that it ruled against in 2008. The 5 to 4 decision does not strike any other gun control measures currently in place, but it provides a legal basis for challenges across the country where gun owners...

CHICAGO (CHICAGOPRESSRELEASE.COM) — Today, U.S. Representative Mike Quigley (D-IL) released the following statement after the U.S. Supreme Court struck down the City of Chicago’s handgun ban. Earlier this year, Quigley spearheaded the effort of 55 Members of Congress in filing a “friend of the court” amicus brief, urging the Court to allow Chicago’s handgun ban to stand. Quigley also supports the right of state and local governments to maintain sensible restrictions on gun possession and use. “I am disappointed and disheartened by the Supreme Court’s decision today. When illegal guns flood our streets, precious lives are lost and communities are...

At long last the 2nd Amendment has been considered a personal right per the Supreme Court of the United States. In McDonald v the City of Chicago the Supreme Court has ruled in a 5 to 4 decision that Chicago's gun banning laws are not in keeping with the right to self-defense as enshrined in the U.S. Constitution. After 200 some years we are finally accorded our rights officially. Further, the Court found that the 2nd Amendment was meant to protect the very people that Mayor Richard Daley and his comrades are trying to forcibly disarm: black Americans. (See PDF...

Click above the to go directly to the decision; I'm going to attempt to post the entire 50-add page concurrence in a comment below. I find the formatting of opinions at the Cornell Law School site easiest to read; right now, it's link to Thomas' concurrence is non-functional, but I'm sure that will get fixed later today: http://www.law.cornell.edu/supct/html/08-1521.ZS.html In his opinions, Justice Thomas has been giving us great lessons in American history for some time now; for those who care, here's his 1st extended lesson, in his Term Limits dissent, back in 1994, just a couple years into his tenure:...

Court rules for gun rights, strikes Chicago handgun ban In another dramatic victory for firearm owners, the Supreme Court has ruled unconstitutional Chicago, Illinois' 28-year-old strict ban on handgun ownership, a potentially far-reaching case over the ability of state and local governments to enforce limits on weapons. A conservative majority of justices on Monday reiterated its two-year-old conclusion the Constitution gives individuals equal or greater power than states on the issue of possession of certain firearms for self-protection. The court, however, said local jurisdictions still retain the flexibility to preserve some "reasonable" gun control measures currently in place nationwide.

WASHINGTON—The Supreme Court ruled for the first time that gun possession is fundamental to American freedom, giving federal judges power to strike down state and local weapons laws for violating the Second Amendment. In a 5-4 ruling, the court held that the Second Amendment's right to keep and bear arms is a fundamental right that binds states. "Self defense is a basic right, recognized by many legal systems from ancient times to the present day," wrote Justice Samuel Alito. He was joined in reaching the result by Chief Justice John Roberts and justices Anthony Kennedy, Antonin Scalia and Clarence Thomas.

JUSTICE ALITO announced the judgment of the Court and delivered the opinion of the Court with respect toParts I, II–A, II–B, II–D, III–A, and III–B, in which THE CHIEF JUSTICE, JUSTICE SCALIA, JUSTICE KENNEDY, and JUSTICE THOMAS join, and an opinion with respect to Parts II–C, IV, and V, in which THE CHIEF JUSTICE, JUSTICE SCALIA, and JUSTICE KENNEDY join. Two years ago, in District of Columbia v. Heller, 554 U. S. ___ (2008), we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of...

Moments ago, the Supreme Court announced that, Yes Virginia, the Second Amendment does in fact apply to the states, and thereby struck down Chicago’s complete ban on handgun possession.  But this decision (and the Court’s prior decision in Heller) raises still other questions which will likely have a substantial impact on what that Second Amendment right functionally means.  For example, what constitutes a reasonable regulation on firearms under the Second Amendment? Chicago Mayor Richard Daley is wasting no time.  Before the Supreme Court even issued its opinion, he said that he was poised to immediately pass legislation to regulate guns...

The Supreme Court held Monday that the Constitution's Second Amendment restrains government's ability to significantly limit "the right to keep and bear arms," advancing a recent trend by the John Roberts-led bench to embrace gun rights. By a narrow, 5-4 vote, the justices also signaled, however, that some limitations on the right could survive legal challenges. Writing for the court in a case involving restrictive laws in Chicago and one of its suburbs, Justice Samuel Alito said that the Second Amendment right "applies equally to the federal government and the states." The court was split along familiar ideological lines, with...

Those who watched John Stossel’s program on the Fox Business channel Thursday evening, which focused on the impact of gun ownership on crime rates – a fact that Dennis Henigan, vice president at the Brady Campaign to Prevent Gun Violence disputes – saw the mindset of gun prohibitionists at work. For those who missed the program, it will be re-broadcast Friday evening at 10 p.m. (7 p.m. Pacific), Saturday at 9 p.m. and midnight (6 p.m. and 9 p.m., Pacific) and Sunday at 10 p.m. (7 p.m. Pacific). Segments of the program may be viewed here. As the clock ticks...

As expected for weeks, the Supreme Court is holding off its ruling in the Second Amendment Foundation’s case against the Chicago handgun ban until the last day of the current session, which is next Monday. Joining in the case was the Illinois State Rifle Association and four Chicago residents, including Otis McDonald, for whom this sure-to-be-landmark case is named. An affirmative ruling will strike down the ban as a violation of the Second Amendment, which the court is expected to incorporate to the states through the 14th Amendment. It will also mark the second time that crack attorney Alan Gura...

The Chief Justice has just announced that the Court will have its final opinions on Monday (the 28th) and that will close the Term, with the exception of any remaining orders in pending cases. That's the final decision for today, but there are still four undecided cases this term: Free Enterprise Fund, Bilski, Christian Legal Society, and McDonald v. Chicago.

CHICAGO (AP) - Chicago Mayor Richard M. Daley defended the city's handgun ban Tuesday after a spate of shootings that left 10 people dead and dozens wounded, saying the violence bolsters the city's argument that the 1982 ordinance is needed. Daley said the city must continue to fight against handguns even if the U.S. Supreme Court strikes down the ban as unconstitional. The court is expected to rule later this month. "Look at all the guns that shot people this weekend. Where did they come from? That is the issue," Daley said at a South Side high school Tuesday.

In reviewing the oral-argument transcript for the McDonald v. Chicago case, I can see now why some was so hard to follow in the courtroom. Aside from bad audio in the room during parts, much of the dialog depended on knowing other cases everyone referred to. If you didn't know the case, you couldn't tell what they were talking about. The Justices didn't miss a beat. I missed several. Also, a lot of the dialog was in sentence fragments, disjointed, poorly thought out, and hard or impossible to assemble meaningfully. In order to understand the analysis below, you need to...

What/when will there be a decision on the McDonald vs. Chicago 2A case? I thought it was the beginning of June...

The proverbial clock is ticking down to the Supreme Court’s much-anticipated ruling in the Second Amendment Foundation’s lawsuit seeking to overturn Chicago’s handgun ban – McDonald v. City of Chicago – while attention is ramping up on the nomination of Solicitor General Elena Kagan to sit on the high court. The smart money is riding on a Supreme Court slap-down of the handgun ban, and incorporation of the Second Amendment to the states through the 14th Amendment. Whether the court rules that the Second Amendment is incorporated under the privileges and immunities section or the due process clause remains to...

Back in the 1980s, people did lots of things that might seem hard to understand today. Women sported big hair and shoulder pads. Pop music fans listened to New Kids on the Block. Motorists bought the Yugo, which has been rated one of the worst cars ever built. And Chicago passed a law barring residents from acquiring handguns. We can't justify those other developments, but the handgun law passed with the Tribune's support. It was a reasonable attempt to keep guns out of the hands of criminals and reduce the number of homicides, which in 1981, the year before the...