In its March 2, 2010 review of the case of Mcdonald v. City of Chicago, the U.S. Supreme Court seemed to indicate that it is prepared to strike down a law completely banning handguns in Chicago and Oak Park, Illinois.
Chicago's handgun prohibition has been in place since 1982, but it came under question following the Supreme Court's ruling in the 2008 case of District of Columbia v. Heller. In a 5 to 4 ruling, the Court decided that Washington D.C. came under federal jurisdiction and, thus, could not pass a law restricting the Second Amendment right to bear arms.
Following the ruling in the Washington D.C. case, the Second Amendment Foundation (SAF) and the Illinois State Rifle Association (ISRA) brought a lawsuit before the federal court to test whether or not the federal ruling should extend to state and city regulations.
The Second Amendment
The Second Amendment of the U.S. Constitution states:
"A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Until the two recent Supreme Court cases, courts had never clearly defined whether the Second Amendment indicates that all individuals have the right to bear any arms they choose at all times, or whether it simply means that states have the right to form a militia.
The Future of Handgun Regulation
In the case of McDonald v. City of Chicago, the Supreme Court has indicated that citizens of Chicago have a right to own handguns in their own homes. However, the Court has left open further decisions regarding exactly how this affects state and local regulations limiting how and where guns may be carried.
It has been made clear that a majority of the Justices agree that the Second Amendment extends a basic and fundamental right to all citizens to bear arms wherever a need for self-defense may be indicated. This opens the door to a flood of lawsuits that are sure to follow in an attempt to further define when state and local governments have a right to firearm regulation for the sake of public safety without impeding individual rights.
Strong Feelings by Gun Advocates and Opponents of Gun Rights
The Supreme Court is not due to publish its official ruling in the McDonald v. City of Chicago case until June. Both gun advocates, such as the National Rifle Association (NRA), and strong supporters of firearm regulation will watch the results of this case closely.
There is not an easy middle ground in the case of firearm regulations. U.S. citizens tend to lean strongly on one side of this issue or the other with little room for compromise in between. Both sides can spout a number of statistics indicating that an armed citizenry makes life either safer or much more dangerous depending on their point of view.
It seems the Supreme Court has begun what may be a long series of cases related to the Second Amendment Right to Bear Arms. No matter how it rules in these cases, the Court will likely make many friends and just as many enemies.
Sources
Second Amendment Foundation
Illinois State Rifle Association
DC Gun Ban Overturned, Trenton Truitt
Angie Schnetzer - Writing is a way to think on paper. This creative process thrills me. For me, sitting in front of a blank page is also a way to escape ...
