The Supreme Court has concluded hearing oral arguments in the case of McDonald v. Chicago, the Second Amendment Foundation’s challenge to Chicago’s gun ban. As expected, the Justices gave strong indications that they intend to “incorporate” the Second Amendment to apply it against the states and declare Chicago’s gun ban unconstitutional. That will of course be followed by Chicago Mayor Daley trying to loosen the law to the absolute minimum for compliance with the Court’s order just like Washington, DC did. I expect to see at least two more lawsuits against Chicago before an average citizen will be able to purchase and possess a handgun in their home.
One of the big questions in this case is whether the Court will use the “privileges or immunities” clause or the “equal protection” clause to apply the Second Amendment to the states. From their questions and comments, it sounded like they were not inclined to overturn previous bad precedents in order to use the “privileges or immunities” clause so it is likely they will stick with the tried and true (if somewhat convoluted) method of incorporation under the “equal protection” clause. None of that really matters as far as application of the Second Amendment is concerned though. What really matters is whether the Justices include more superfluous BS in the decision like they did in Heller. Scalia’s assertions and assumptions in his written opinion in Heller have been predictably used to abuse the rights of gun owners. For now things look very good for a favorable ruling though. We can expect that to come out sometime in late June. As always, we’ll keep you posted.
Yours for the Second Amendment,
The Firearms Coalition
The Supreme Court has concluded hearing oral arguments in the case of McDonald v.…
by Tactical-Life.com / Mar 2, 2010