By
Daniel Hawes
On June 28, 2010, the Supreme Court issued its second major ruling on gun rights in three years, ensuring our federally protected right to keep and bear arms in all 50 states. The ruling states that the right to "keep and bear arms" is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. No longer will State or local governments be allowed to ban most Americans from owning most types of handguns. The ruling effectively strikes down Chicago's handgun ban, not unlike the Washington D.C. law that was already ruled to be unconstitutional by the Supreme Court two years ago in D.C. v. Heller. Gun Rights Advocates hailed the decision across the Country as a major victory before the "conservative" majority inevitably disappears from the Supreme Court Bench. Current Republican U.S. Representative and U.S. Senatorial candidate John Boozman from Arkansas said of the decision, "Today's Supreme Court decision striking down the handgun ban in Chicago reaffirms what our Founders meant by the 'right of the people to keep and bear arms.' The Court stood up for all the law-abiding Americans by ruling that the Constitutional protection of the Second Amendment extends to the city and state laws, not just federal measures. By doing so, the Court said the Second Amendment deserves the same respect from state and local governments as other rights found in the Bill of Rights." Representing the five Justice majority, Justice Samuel Alito wrote, "The right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner."
The same attorney that argued and won D.C. v. Heller in 2008, Alan Gura, also represented Otis McDonald in this case, McDonald v. Chicago. He claimed that Chicago's handgun ban fails to allow him to adequately protect himself. Gura litigated that the Second Amendment, in addition to federal jurisdictions, should also be applied against state and local governments. He argued before the Court that, "In 1868, our Nation made a promise to the McDonald family that they and their descendants would henceforth be American citizens, and with American citizenship came the guarantee, enshrined in our Constitution, that no State could make or enforce any law which shall abridge the privileges or immunities of American citizenship." James Feldman, lawyer for the City of Chicago, responded by saying, "States and local governments have been the primary focus of firearms regulation in this Country for the last 220 years. Firearms, unlike anything else that is the subject of provision in the Bill of Rights, are designed to injure and kill."
The ruling in McDonald v. Chicago had the same outcome as D.C. v. Heller, a 5-4 decision with all Justices voting the same way. Ironically, Chicago's Mayor, Richard Daley predicted mass chaos and death when the D.C. handgun ban was struck down in 2008. Obviously, his prediction never came to fruition as Washington's murder rate plummeted over 25% in 2009 alone. The drop compares with only a 7% drop nationally. Additionally, robberies involving guns fell over 14% and assaults with guns fell over 20% during that time same time frame.
Even with these encouraging statistics, Daley has promised not to go down without a fight. He stated in the past that if and when the ruling comes down, he will impose similar restrictions that Washington did after their ban was struck down. He will require gun permit applicants to pay numerous fees, go through an extensive application process, and take two different tests. What this is doing is only allowing the people who can afford not only the gun, but a permit as well, the right to protect and defend their family. They are circumventing the spirit of the law and it is wrong. Gun rights advocates are rightfully thankful for the ruling; however, continuing work must be done in order to secure the right to keep and bear arms for future generations.
Daniel Hawes
http://www.TheGenesisReport.com
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