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Archive for 16. March 2010
Supreme Court hears a Second Amendment case for the first time in 100 years
16. March 2010 by admin.
As the Supreme Court sifts through the Second Amendment case, McDonald vs. Chicago, anxious gun owners look to take on state and federal gun laws across the country. The decision made by the Highest Court will unsnap gun-ownership laws; and possibly prompt additional cases in addition to the more than 15 federal and state gun cases currently filed across the country.
The McDonald case was filed by the Second Amendment Foundation (SAF) and the Illinois State Rifle Association (ILSFA) and Dave Workman of the SAF explained even though the National Rifle Association (NRA) was able to argue their position before the Supreme Court it has never been their case.
The plaintiff’s lost 10 minutes of the precious 30 minutes of oral arguments before the Supreme Court. Workman sees a victory on the horizon for gun rights, but like all experts, he sees the High Court deciding the Second Amendment case using a pathway through the 14th Amendment.
No matter how the victory is obtained, gun owners in all states will enviably be the winner with the prediction decision of the McDonald case.
This case now rests in the hands of the Justices. The McDonald case is aiming to disarm a 27-year-old Chicago law banning handguns, requiring owners to pay an annual taxation of firearms, and interfering with the right of law-abiding individuals to keep guns for self-defense.
It’s worth pointing out in the landmark case of District of Columbia vs. Heller, the Supreme Court said that the Second Amendment guarantees an individual right to keep and bear arms. However, as that case concerned only the actions of the District of Columbia government, a federal entity. As a result the Supreme Court did not rule that the right applied to states and local governments. As time unfolds so may the interpretations and almost the entire Bill of Rights, which could be been applied to state and local governments through the 14th Amendment. Keep reading
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