FEATURE

Supreme Court Set To Hear Second Amendment For Second Time

When Supreme Court Justice Antonin Scalia wrote the landmark Heller Decision last year, affirming the Second Amendment as an individual right, Justice Scalia deliberately did not set extremely wide precedent in the case, saying he felt that other cases would develop the eventual body of law that would establish future precedent.

Yesterday, the United States Supreme Court agreed to hear what many feel is the second major case in the matter of the Second Amendment. Their ruling in the case of McDonald v. City of Chicago has the potential to impact the laws of every city and state in the country.

At issue is a 27-year-old Chicago law banning handguns, requiring the annual taxation of firearms, and otherwise interfering with the right of law-abiding individuals to keep guns at home for self-defense. The case was brought on behalf of four Chicago residents, the Second Amendment Foundation, and the Illinois State Rifle Association.

McDonald focuses on the issue of "incorporation" of the Second Amendment. Simply stated, does the Second Amendment restrict state and city action- or just the actions of the federal government.

Their statement on the matter seems to indicate they are, in fact, interested in revisiting the privileges and immunity clause of the Fourteenth Amendment. Should the Second Amendment be incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so that it applies to the States, it would invalidate laws prohibiting possession of handguns in the home.

The argument, as it's been explained to me is a compelling one: given that the right to worship (or not), a right to a jury trial, the rights to counsel and against self-incrimination and other rights as defined in the U.S. Constitution apply in the City of Chicago, should the rights of individuals as defined by the Second Amendment cease at the Chicago city limits?

Response to the high court's indication of an intent to hear McDonald, is positive in the firearms community. "We are delighted that the court has agreed to take this important case," said Jim Irvine, President of Buckeye Firearms Foundation. "Rights affirmed by our Constitution should apply equally to everyone, no matter where they live."

"The freedoms we enjoy as Americans are secured to us against violation by all levels of government," noted Alan Gura, of Gura & Possessky, PLLC, lead counsel for the McDonald plaintiffs. "State and local politicians should be on notice: the Second Amendment is a normal part of the Bill of Rights, and it is coming to your town."

Otis McDonald, a Chicago resident since 1952 who led the fight to integrate his union local in the 1960s and is a plaintiff in the case, welcomed the news. "I am grateful the Supreme Court has agreed to hear this case," McDonald says. "I now pray that the Court secures me and all other law-abiding citizens the right to defend ourselves and our families."

"The Second Amendment Foundation was delighted to bring this case in cooperation with the Illinois State Rifle Association and the four local plaintiffs because a gun ban is no less onerous to civil rights in Chicago than it was in the District of Columbia," the SAF's Alan Gottlieb observed. "Such a law cannot be allowed to stand unchallenged."

This challenge to local gun bans will likely be among the most closely watched constitutional law cases of this session- if not the past few years as it will actually address two questions: the Second Amendment's securing the right to arms against state and local governents, but the extent to which the Supreme Court is willing to go to guard the citizen against a rights abridgement by state and local governments.

The case has not yet been scheduled on the Supreme Court's docket, but will likely be held later this year. If that's the case, it's reasonable to believe a ruling will be issued by June 2010.

We have already applied for our credentials to be present for this second landmark case, and as always, we'll keep you posted.

-Jim Shepherd

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