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High Court to Examine Local Handgun Laws

Posted By admin On September 30, 2009 @ 11:31 am In U.S. News | Comments Disabled

Robert Barnes
Washington Post [1]
Wednesday, September 30, 2009

The Supreme Court on Wednesday said it will decide whether the right to own guns for self-defense, announced by the court last year when it struck down the District of Columbia’s ban on handguns, also covers states and other cities with gun-control laws.

The landmark decision in Heller v. District of Columbia did not address the question of whether the Second Amendment extends beyond the federal government and federal enclaves like the District.

The case the court accepted Wednesday concerns the city of Chicago, which bans most handguns.


High Court to Examine Local Handgun Laws 230909banner1 [2]

In the Heller case, the court held for the first time that individuals have a right to gun ownership. Until then, the court had only recognized that the constitutional “right to keep and bear arms” protected a state’s ability to maintain a militia.

Other court precedents have held that the Second Amendment restricts only federal law, as was the case with most of the Bill of Rights. Through the years, the court has applied most of the amendments, but not all, to the states, a process called “incorporation.” The Heller decision specifically left the question about the Second Amendment for another day.

Alan Gura, the Alexandria lawyer who successfully challenged the District’s law, sued the city of Chicago, which has a handgun ban virtually identical to Washington’s, plus other restrictions. Ruling in that case, the U.S. Court of Appeals for the 7th Circuit said only the Supreme Court can decide whether the Second Amendment applies.

Full story here. [1]

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URLs in this post:

[1] Washington Post: http://www.washingtonpost.com/wp-dyn/content/article/2009/09/30/AR2009093001723.html

[2] Image: http://www.efoodsdirect.com/gmoPeople.html?aid=14&adid=12

[3] Court Upholds Handgun Sale Ban for Those Under 21: http://www.prisonplanet.com/court-upholds-handgun-sale-ban-for-those-under-21.html

[4] Gun Rights Must Be Honored by States, Cities, High Court Rules in 5-4 Vote: http://www.prisonplanet.com/gun-rights-must-be-honored-by-states-cities-high-court-rules-in-5-4-vote.html

[5] Supreme Court declines to hear gun rights case: http://www.prisonplanet.com/supreme-court-declines-to-hear-gun-rights-case.html

[6] Supreme Court, gun control, and the Second Amendment: a reckoning: http://www.prisonplanet.com/supreme-court-gun-control-and-the-second-amendment-a-reckoning.html

[7] High court health care decision expected next week: http://www.prisonplanet.com/high-court-health-care-decision-expected-next-week.html

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