Posted on 09/30/2009 11:28:03 AM PDT by mikelets456
Taking on a major new constitutional dispute over gun rights, the Supreme Court agreed on Wednesday to decide whether to apply the Second Amendment to state, county, and city government laws. In another major case among ten new grants, the Court said it will rule on the constitutionality of one of the government’s most-used legal weapons in the “war on terrorism” — a law that outlaws “material support” to terrorist groups.
The Court had three cases from which to choose on the Second Amendment issue — two cases involving a Chicago gun ban, and one case on a New York ban on a martial-arts weapon. It chose one of the Chicago cases — McDonald v. Chicago (08-1521) — a case brought to it by Alan Gura, the Alexandria, VA., lawyer who won the 2008 decision for the first time recognizing a constitutional right to have a gun for personal use, at least in self-defense in the home (District of Columbia v. Heller). A second appeal on the Chicago dispute had been filed by the National Rifle Association (NRA v. Chicago, 08-1497). Presumably, the Court will hold onto that case until it decides McDonald; the same is likely for the New York case, Maloney v. Rice (08-1592) — a case in which Justice Sonia Sotomayor had participated when she was a judge on the Second Circuit Court.
(Excerpt) Read more at scotusblog.com ...
Washington, D.C.) -- The nation's highest court has agreed to take a look at one of the nation's toughest gun laws.
The Supreme Court has announced it will hear arguments regarding the city of Chicago's ban on handguns.
Chicago is one of many large cities that place tough restrictions on who can own weapons, and which weapons they can own.
Advocates on both sides of the gun control debate see the hearing as a test of the new court's stance on the 2nd Amendment.
The Supreme Court ruled against Washington D.C.'s handgun ban last year.
But the Chicago case is a test on whether city and state laws can be tougher than a national standard.
Chicago Mayor Richard Daley is already vowing to fight for the ban on handguns. The Illinois State Rifle Association, who's suit prompted the case now headed for the high court, has fought against Chicago's gun laws for years.
The Supreme Court will hear the Chicago case next year, but has not yet set a specific date.
Hopefully a year from now we will have another victory.
The Court cannot apply the 2nd Amendment to anything. The Court can decide to observe or to ignore the 2nd Amendment. It says that the RKBA "shall not be infringed." It does not say who shall not infringe. It says that NO infringing may be done. It cites no exceptions. What the other amendments say about Congress has no bearing on the 2nd which does not mention Congress.
Daley will “...fight for the ban on handguns...” Now I don’t care WHAT you say, that’s FUNNY! The premier political thug in the NATION, a consummate criminal, the most corrupt politician in Chicago—perhaps American—history and he is “concerned” about gun violence! No one in Chicago even HAS a gun except the criminals. And they are amateurs compared to the mayor.
"The Court will schedule all of Wednesday’s grants for oral argument no earlier than the January sitting, which begins on Jan. 11."
The NRA's and Maloney's Second Amendment petitions were left in limbo. Only Gura's McDonald v. Chicago petition was granted cert. There are many other interesting cases involving discrimination, terrorism, ex post facto law and penalty for the type of firearm used during a violent or drug crime among others.
Probably not a Bad Thing. Gura's case, eventually known as "Heller", was the one that got the DC ban overturned and the Second Amendment declared a right of individuals, not associated with any state sponsored militia. The NRA can submit a amici curiae brief. As can the rest of the "Cast of thousands" who submitted such briefs in the Heller case.
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