U.S. Supreme Court Update
September 30, 2009
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Supreme Court to Decide Whether Second Amendment
Applies to States
| Today, the U.S. Supreme Court announced it will review the Seventh Circuit's
decision in McDonald v. Chicago, which held that the Second Amendment
does not apply to state and local governments. In the Chicago case,
the Seventh Circuit affirmed the dismissal of lawsuits alleging that
Chicago and Oak Park ordinances prohibiting the possession or
sale of handguns violate the Second Amendment. The court concluded
it was bound by Supreme Court precedent holding that the Amendment
applies only to the federal government, stating that the Supreme Court
alone can reverse those cases. The court observed further that under
principles of federalism, "local differences are to be cherished as elements
of liberty" and that "[f]ederalism is an older and more deeply rooted tradition
than is a right to carry any particular kind of weapon."
The Supreme Court did not reach this issue in District of Columbia v. Heller,
the 2008 decision holding for the first time that the Second Amendment
guarantees an individual right to possess a firearm in the home for self-defense,
because that case only involved the laws of the District of Columbia,
which is a federal enclave. Although numerous lawsuits have been filed
since Heller arguing that the Second Amendment does apply to the states,
post-Heller courts have held that regardless of this issue, the Amendment
is consistent with a broad variety of common sense gun laws.
LCAV will support Chicago and Oak Park in the Supreme Court litigation
and will continue to provide assistance to state and local governments facing
Second Amendment challenges to firearms laws. Visit our web site to
read LCAV's press release about the Supreme Court's announcement.
For more information about the Heller decision and its impact on our
nation's gun laws, see Gun Regulation and the Second Amendment: Moving Forward After District of Columbia v. Heller.
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LCAV Needs Your Support Today!
| With your help, LCAV can continue supporting state and local governments
facing challenges to firearm laws. Membership gifts are a crucial part of our
annual operating budget, so your membership support is vital.
Please help us finish the year strong. Join LCAV today! |
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