Keyword: mcdonald

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  • High Court Rules in Favor of Gun Rights

    06/28/2010 8:21:01 AM PDT · by EternalVigilance · 50 replies · 1+ views
    Wall Street Journal ^ | June 28, 2010 | Nathan Koppel
    WASHINGTON—The Supreme Court ruled for the first time that gun possession is fundamental to American freedom, giving federal judges power to strike down state and local weapons laws for violating the Second Amendment. In a 5-4 ruling, the court held that the Second Amendment's right to keep and bear arms is a fundamental right that binds states. "Self defense is a basic right, recognized by many legal systems from ancient times to the present day," wrote Justice Samuel Alito. He was joined in reaching the result by Chief Justice John Roberts and justices Anthony Kennedy, Antonin Scalia and Clarence Thomas....
  • DeMint Statement on Supreme Court Ruling in McDonald v. Chicago (and on Kagan)

    06/28/2010 9:18:20 PM PDT · by pissant · 23 replies · 1+ views
    Big News ^ | 6/28/10 | Jim DeMint
    Today, U.S. Senator Jim DeMint (R-South Carolina), chairman of the Senate Steering Committee, made the following statement after the U.S. Supreme Court ruled in the McDonald v. City of Chicago case that the Second Amendment guarantees the right to keep and bear arms to citizens in all 50 states. "This is a critical victory for the Constitution and the freedom guaranteed by the Second Amendment for individual Americans to keep and bear arms," said Senator DeMint. "Our freedoms have been under attack by big government liberals for decades, but today the Supreme Court rightly based their decision on the Constitution...
  • Daley Vows New Gun Ordinances

    06/28/2010 5:15:18 PM PDT · by Free ThinkerNY · 80 replies ^ | June 28, 2010
    As expected, Mayor Daley and Chicago's City Council are circling the wagons to defend against an unfavorable decision by the Supreme Court concerning the city's gun ban. Daley said the city would have in place a new ordinance aimed at making it difficult to purchase and own a gun in Chicago. "We'll publicly propose a new ordinance very soon," Daley said at an afternoon press conference concerning the gun ban. "As a city we must continue to stand up ..and fight for a ban on assault weapons .. as well as a crackdown on gun shops," Daley said. "We are...
  • A Bull's-Eye For The Supreme Court

    06/28/2010 5:16:43 PM PDT · by Kaslin · 26 replies · 1+ views
    IBD Editorials ^ | June 28, 2010 | Investors Business Daily staff
    Second Amendment: In the "living Constitution" era, the Supreme Court rediscovers original intent and rightly rules that the right to bear arms applies to all Americans just as the rest of the Bill of Rights does. It's hard to conceive how the justices could have decided otherwise. But by the narrowest of margins — 5-4 — they have reaffirmed that keeping and bearing arms is an inalienable and individual right like speech and religion, and that it applies to all individuals as the Founding Fathers intended. Why anyone thinks the Second Amendment does not apply to all Americans is a...
  • Predicting the Impact of McDonald (excellent analysis)

    06/28/2010 5:20:51 PM PDT · by OldDeckHand · 6 replies ^ | 06/28/2010 | Ilya Somin
    The Supreme Court has now incorporated the Second Amendment against the states. But the impact of that decision may turn out to be fairly limited. In most states, there will be little if any change in the actual extent of gun regulation. The ideologically divided nature of the Court’s decision suggests that the legal status of the Second Amendment isn’t yet completely secure. That said, the decision will have a substantial practical impact in a few areas and it also represents a tremendous symbolic victory for gun rights advocates. I. Limited Practical Impact. On balance, I agree with scholars such...
  • Protecting the Second Amendment, But Just Barely

    06/28/2010 9:27:24 AM PDT · by antiobamacare · 28 replies · 1+ views
    Heritage Foundation via The Woodward Report ^ | June 28, 2010 | Hans von Spakovsky
    In what is probably the most important Second Amendment case in Supreme Court history, the Court today held that the “right of the people to keep and bear Arms” cannot be infringed by the states. In 2008 in District of Columbia v. Heller, the Court for the first time held that the right to bear arms was an individual right. But that decision, which struck down a virtual ban on handguns and a requirement that rifles and shotguns had to be kept “unloaded and disassembled or bound by a trigger lock” in the District of Columbia, applied only to the...
  • Daley disappointed by Supreme Court gun ruling

    06/28/2010 12:06:59 PM PDT · by RC one · 20 replies
    AP ^ | june 28, 2010 | By DON BABWIN (AP)
    CHICAGO — Chicago Mayor Richard Daley says he's disappointed by Monday's Supreme Court decision that Americans have the right to own a gun for self-defense anywhere they live. He says it's clear the city's handgun ban will ultimately be struck down. But he says officials are working to rewrite the ordinance to protect Second Amendment rights and to protect Chicago residents from gun violence. Monday's Supreme Court decision did not explicitly strike down the ban on handguns in Chicago and suburban Oak Park. Instead, it ordered a federal appeals court to reconsider its ruling. But it left little doubt that...
  • Supreme Court rules that all Americans have fundamental right to bear arms

    06/28/2010 12:05:01 PM PDT · by neverdem · 14 replies
    Washington Post ^ | June 28, 2010 | Robert Barnes
    The Supreme Court ruled for the first time Monday that the Second Amendment provides all Americans a fundamental right to bear arms, a long-sought victory for gun rights advocates who have chafed at federal, state and local efforts to restrict gun ownership. The court was considering a restrictive handgun law in Chicago and one of its suburbs that was similar to the District law that it ruled against in 2008. The 5 to 4 decision does not strike any other gun control measures currently in place, but it provides a legal basis for challenges across the country where gun owners...
  • Quigley Statement on Chicago Gun Ban Decision, National Threat of Gun Show Loophole

    06/28/2010 11:41:53 AM PDT · by greatdefender · 37 replies
    Chicago Press Release | June 28, 2010
    CHICAGO (CHICAGOPRESSRELEASE.COM) — Today, U.S. Representative Mike Quigley (D-IL) released the following statement after the U.S. Supreme Court struck down the City of Chicago’s handgun ban. Earlier this year, Quigley spearheaded the effort of 55 Members of Congress in filing a “friend of the court” amicus brief, urging the Court to allow Chicago’s handgun ban to stand. Quigley also supports the right of state and local governments to maintain sensible restrictions on gun possession and use. “I am disappointed and disheartened by the Supreme Court’s decision today. When illegal guns flood our streets, precious lives are lost and communities are...
  • 2nd Amendment Rights Finally Considered a Right for Black Chicagoans Too!

    06/28/2010 11:44:43 AM PDT · by Mobile Vulgus · 12 replies · 4+ views
    Publius Forum ^ | 06/28/10 | Warner Todd Huston
    At long last the 2nd Amendment has been considered a personal right per the Supreme Court of the United States. In McDonald v the City of Chicago the Supreme Court has ruled in a 5 to 4 decision that Chicago's gun banning laws are not in keeping with the right to self-defense as enshrined in the U.S. Constitution. After 200 some years we are finally accorded our rights officially. Further, the Court found that the 2nd Amendment was meant to protect the very people that Mayor Richard Daley and his comrades are trying to forcibly disarm: black Americans. (See PDF...
  • McDONALD v. CHICAGO - Justice Thomas' Concurrence Relying Upon Privileges & Immunities Clause

    06/28/2010 10:41:52 AM PDT · by BCrago66 · 27 replies
    Findlaw ^ | 6/28/10 | Justice Clarence Thomas
    Click above the to go directly to the decision; I'm going to attempt to post the entire 50-add page concurrence in a comment below. I find the formatting of opinions at the Cornell Law School site easiest to read; right now, it's link to Thomas' concurrence is non-functional, but I'm sure that will get fixed later today: In his opinions, Justice Thomas has been giving us great lessons in American history for some time now; for those who care, here's his 1st extended lesson, in his Term Limits dissent, back in 1994, just a couple years into his tenure:...
  • Court rules for gun rights, strikes Chicago handgun ban

    06/28/2010 7:31:39 AM PDT · by docbnj · 54 replies
    CNN ^ | 28 Jun 2010 | anon
    Court rules for gun rights, strikes Chicago handgun ban In another dramatic victory for firearm owners, the Supreme Court has ruled unconstitutional Chicago, Illinois' 28-year-old strict ban on handgun ownership, a potentially far-reaching case over the ability of state and local governments to enforce limits on weapons. A conservative majority of justices on Monday reiterated its two-year-old conclusion the Constitution gives individuals equal or greater power than states on the issue of possession of certain firearms for self-protection. The court, however, said local jurisdictions still retain the flexibility to preserve some "reasonable" gun control measures currently in place nationwide.
  • High Court Rules in Favor of Gun Rights

    06/28/2010 8:50:07 AM PDT · by GOP_Lady · 29 replies · 2+ views
    The Wall Street Journal ^ | 06-28-10 | NATHAN KOPPEL
    WASHINGTON—The Supreme Court ruled for the first time that gun possession is fundamental to American freedom, giving federal judges power to strike down state and local weapons laws for violating the Second Amendment. In a 5-4 ruling, the court held that the Second Amendment's right to keep and bear arms is a fundamental right that binds states. "Self defense is a basic right, recognized by many legal systems from ancient times to the present day," wrote Justice Samuel Alito. He was joined in reaching the result by Chief Justice John Roberts and justices Anthony Kennedy, Antonin Scalia and Clarence Thomas.

    06/28/2010 8:54:45 AM PDT · by libstripper · 10 replies
    United States Sujpreme Court ^ | June 28, 2010 | Justice Samuel Alito
    JUSTICE ALITO announced the judgment of the Court and delivered the opinion of the Court with respect toParts I, II–A, II–B, II–D, III–A, and III–B, in which THE CHIEF JUSTICE, JUSTICE SCALIA, JUSTICE KENNEDY, and JUSTICE THOMAS join, and an opinion with respect to Parts II–C, IV, and V, in which THE CHIEF JUSTICE, JUSTICE SCALIA, and JUSTICE KENNEDY join. Two years ago, in District of Columbia v. Heller, 554 U. S. ___ (2008), we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of...
  • The Next Chicago Gun Rights Case . . . And Why It Is Important to the Kagan Confirmation

    06/28/2010 8:52:43 AM PDT · by Slings and Arrows · 6 replies
    NRO - Bench Memos ^ | June 28, 2010 10:31 AM | Robert Alt
    Moments ago, the Supreme Court announced that, Yes Virginia, the Second Amendment does in fact apply to the states, and thereby struck down Chicago’s complete ban on handgun possession.  But this decision (and the Court’s prior decision in Heller) raises still other questions which will likely have a substantial impact on what that Second Amendment right functionally means.  For example, what constitutes a reasonable regulation on firearms under the Second Amendment? Chicago Mayor Richard Daley is wasting no time.  Before the Supreme Court even issued its opinion, he said that he was poised to immediately pass legislation to regulate guns...
  • Gun rights extended by Supreme Court

    06/28/2010 8:23:30 AM PDT · by Jet Jaguar · 39 replies · 1+ views ^ | June 28, 2010 | MARK SHERMAN
    The Supreme Court held Monday that the Constitution's Second Amendment restrains government's ability to significantly limit "the right to keep and bear arms," advancing a recent trend by the John Roberts-led bench to embrace gun rights. By a narrow, 5-4 vote, the justices also signaled, however, that some limitations on the right could survive legal challenges. Writing for the court in a case involving restrictive laws in Chicago and one of its suburbs, Justice Samuel Alito said that the Second Amendment right "applies equally to the federal government and the states." The court was split along familiar ideological lines, with...
  • For gun prohibitionists, the clock is ticking, but state of denial remains

    06/26/2010 5:45:30 AM PDT · by marktwain · 10 replies
    Seattle Gun Rights Examiner ^ | 25 June, 2010 | Dave Workman
    Those who watched John Stossel’s program on the Fox Business channel Thursday evening, which focused on the impact of gun ownership on crime rates – a fact that Dennis Henigan, vice president at the Brady Campaign to Prevent Gun Violence disputes – saw the mindset of gun prohibitionists at work. For those who missed the program, it will be re-broadcast Friday evening at 10 p.m. (7 p.m. Pacific), Saturday at 9 p.m. and midnight (6 p.m. and 9 p.m., Pacific) and Sunday at 10 p.m. (7 p.m. Pacific). Segments of the program may be viewed here. As the clock ticks...
  • Seattle Gun Rights Examiner It’s Monday for SCOTUS ruling in SAF’s McDonald v. Chicago case

    06/25/2010 8:47:11 AM PDT · by marktwain · 7 replies
    Seattle Gun Rights Examiner ^ | 24 June, 2010 | Dave Workman
    As expected for weeks, the Supreme Court is holding off its ruling in the Second Amendment Foundation’s case against the Chicago handgun ban until the last day of the current session, which is next Monday. Joining in the case was the Illinois State Rifle Association and four Chicago residents, including Otis McDonald, for whom this sure-to-be-landmark case is named. An affirmative ruling will strike down the ban as a violation of the Second Amendment, which the court is expected to incorporate to the states through the 14th Amendment. It will also mark the second time that crack attorney Alan Gura...
  • SCOTUS Chief Justice announced the Court will have its final opinions on Monday (the 28th)

    06/24/2010 8:23:37 AM PDT · by The Magical Mischief Tour · 40 replies ^ | 06/24/2010 |
    The Chief Justice has just announced that the Court will have its final opinions on Monday (the 28th) and that will close the Term, with the exception of any remaining orders in pending cases. That's the final decision for today, but there are still four undecided cases this term: Free Enterprise Fund, Bilski, Christian Legal Society, and McDonald v. Chicago.
  • Chicago mayor defends handgun ban after shootings

    06/22/2010 6:39:34 PM PDT · by PROCON · 54 replies ^ | June 22, 2010 | SERENA DAI, AP
    CHICAGO (AP) - Chicago Mayor Richard M. Daley defended the city's handgun ban Tuesday after a spate of shootings that left 10 people dead and dozens wounded, saying the violence bolsters the city's argument that the 1982 ordinance is needed. Daley said the city must continue to fight against handguns even if the U.S. Supreme Court strikes down the ban as unconstitional. The court is expected to rule later this month. "Look at all the guns that shot people this weekend. Where did they come from? That is the issue," Daley said at a South Side high school Tuesday.
  • Oral Argument in McDonald v. Chicago(Incorporation of Second Amendment)

    06/19/2010 10:21:29 AM PDT · by marktwain · 13 replies · 379+ views ^ | 13 April, 2010 | Alan Korwin
    In reviewing the oral-argument transcript for the McDonald v. Chicago case, I can see now why some was so hard to follow in the courtroom. Aside from bad audio in the room during parts, much of the dialog depended on knowing other cases everyone referred to. If you didn't know the case, you couldn't tell what they were talking about. The Justices didn't miss a beat. I missed several. Also, a lot of the dialog was in sentence fragments, disjointed, poorly thought out, and hard or impossible to assemble meaningfully. In order to understand the analysis below, you need to...
  • What/when will there be a decision on the McDonald vs. Chicago 2A case?

    06/11/2010 7:16:34 AM PDT · by mikelets456 · 3 replies · 245+ views
    Me ^ | 6/11/2010 | Me
    What/when will there be a decision on the McDonald vs. Chicago 2A case? I thought it was the beginning of June...
  • Focus on SCOTUS: Chicago ruling due, Kagan nomination will heat

    06/08/2010 5:29:49 PM PDT · by marktwain · 4 replies · 24+ views
    Seattle Gun Rights Examiner ^ | 7 June, 2010 | Dave Workman
    The proverbial clock is ticking down to the Supreme Court’s much-anticipated ruling in the Second Amendment Foundation’s lawsuit seeking to overturn Chicago’s handgun ban – McDonald v. City of Chicago – while attention is ramping up on the nomination of Solicitor General Elena Kagan to sit on the high court. The smart money is riding on a Supreme Court slap-down of the handgun ban, and incorporation of the Second Amendment to the states through the 14th Amendment. Whether the court rules that the Second Amendment is incorporated under the privileges and immunities section or the due process clause remains to...
  • If the court kills the ban(Chicago)

    06/08/2010 5:06:19 AM PDT · by marktwain · 14 replies · 79+ views
    Chicago Tribune ^ | 7 June, 2010 | na
    Back in the 1980s, people did lots of things that might seem hard to understand today. Women sported big hair and shoulder pads. Pop music fans listened to New Kids on the Block. Motorists bought the Yugo, which has been rated one of the worst cars ever built. And Chicago passed a law barring residents from acquiring handguns. We can't justify those other developments, but the handgun law passed with the Tribune's support. It was a reasonable attempt to keep guns out of the hands of criminals and reduce the number of homicides, which in 1981, the year before the...
  • Rancher visits D.C., tells of life on the border

    06/03/2010 10:53:06 AM PDT · by AuntB · 11 replies · 599+ views
    Douglas Dispatch ^ | June 2, 2010 | Douglas Dispatch
    On Thursday, Cochise County rancher Bill McDonald testified before two House subcommittees about border issues faced by rural Arizona residents. He was invited by Democratic U.S. Rep. Gabrielle Giffords, whose 8th Congressional District includes all of Cochise County. In inviting him to testify, Giffords said she wanted members of Congress to hear from a person who lives with security problems caused by illegal activities involving immigrants and drugs on a daily basis. He testified on a day Democrats in the Senate killed a move by Sen. John McCain to send 6,000 more National Guard troops to the border. President Barack...
  • A Gun For Grandpa (Gun Rights In Chicago)

    06/02/2010 5:35:30 PM PDT · by raptor22 · 16 replies · 726+ views ^ | June 2, 2010 | Investor's Business Daily Staff
    Second Amendment: Chicago is deciding whether to prosecute a great-grandfather and Korean War veteran under its handgun ban. He refused to be a victim, and now there's one less armed thug roaming the streets. What's the problem? If the 80-year-old vet living on the city's West Side didn't have the gun the city said he shouldn't have, he and his 83-year-old wife and 12-year-old great-grandson might have joined those victims of gun violence about whom gun-control advocates constantly chirp. The vet obtained the gun in violation of the city's handgun ban after a prior incident in which the couple was...
  • Daley won't say if 80-year-old will be charged under gun ban

    05/28/2010 12:08:27 PM PDT · by neverdem · 76 replies · 1,865+ views ^ | May 27, 2010 | John Byrne and Liam Ford
    Mayor Richard Daley refused to say today whether an 80-year-old Army veteran who shot and killed an intruder will be charged under the city's handgun ban. Asked about the possibility of charges, the mayor ended a news conference he had called about summer curfew in the city. "I don't know. Thank you very much," Daley said and stepped away from the microphone. Before walking away, Daley acknowledged people's frustration over the issue of gun control but insisted "I don't think the answer is guns." The homeowner was asleep with his 83-year-old wife and 12-year-old great-grandson when Anthony Nelson -- a...
  • Cop's Murder Has Some Thinking Of Carrying A Gun

    05/26/2010 7:28:19 PM PDT · by Free ThinkerNY · 17 replies · 821+ views ^ | May 25, 2010
    CHICAGO (CBS) ― They are law-abiding citizens in Chicago, but they are so worried about their own safety, they say they might have to break the law. The last straw was the death of Chicago Police officer Thomas Wortham IV last week. That has some African-American families in Chicago considering doing something they never would have done before: carry a pistol. CBS 2's Jim Williams reports he grew up among those families and he's never anything like it. Many Chicagoans have been upset for some time about violence here, but Wortham's murder has touched a raw nerve in the black...
  • Wrestling with gun rights

    05/24/2010 6:00:11 PM PDT · by marktwain · 15 replies · 517+ views ^ | 23 May, 2010 | Joyce Lee Malcolm
    Chicago's handgun ban, before U.S. Supreme Court, should be voided. Joyce Lee Malcolm is a professor of law at George Mason University School of Law The case of Otis McDonald, a 76-year-old black man living in a drug-infested neighborhood of Chicago, is now being considered by the U.S. Supreme Court. McDonald's home has been broken into three times, and drug dealers have threatened him. He would like a gun to protect himself. Two years ago, in the landmark case District of Columbia v. Heller, the Supreme Court affirmed that the Second Amendment to the Constitution guarantees individuals such as McDonald...
  • Gun owners should thank 'embarrassing' Mayor Daley

    05/24/2010 5:17:57 AM PDT · by marktwain · 7 replies · 692+ views
    Gun Rights Examiner ^ | 23 May, 2010 | David Codrea
    I no sooner get done outlining reasons why gun owners should thank Mexican President Felipe Calderon for his anti-gun miscalculation when Chicago's top hoplophobe, Richard M. Daley gives us new cause to rejoice in the backfiring antics of our enemies: The class act offered to stick a rifle with a bayonet up the rear end of a reporter. As Chicago Tribune columnist John Kass notes, the mayor has embarrassed himself and the city. If I would quibble it would be to suggest Daley is, without question, an embarrassment, but his combative reaction to those marveling at his buffoonery shows him...
  • Daley: City anticipating overturn of gun ban

    05/20/2010 12:35:55 AM PDT · by smokingfrog · 9 replies · 721+ views
    abclocal ^ | 5/19/10 | Paul Meincke
    Within the next five weeks the United States Supreme Court will rule on a challenge to Chicago's 28-year-old ban on handguns. It's believed the court will rule that the law is unconstitutional. ABC 7's Paul Meincke talked with Mayor Richard Daley about what the city might do next. Conventional wisdom is that the handgun ban will not pass constitutional muster. Mindful of that, the city has been -- for some time now -- formulating plans on what it does next. The mayor says there are plans in place still being refined. But a strong hint of what Chicago will do...
  • Guns Magazine examines McDonald case and more

    05/17/2010 6:56:22 PM PDT · by marktwain · 7 replies · 712+ views
    Gun Rights Examiner ^ | 16 May, 2010 | David Codrea
    Somehow, with night temperatures still dipping into the 40s where I live, seeing the July issue of GUNS Magazine arrive in my mail box seems premature. But the sun is out as I write this, and I know later today the lawn will demand re-engagement, and that we'll soon reach that time where open windows can't compete with closed ones and the hum of the air conditioner. This issue, aside from all the great articles by my colleagues, has two features I hope Gun Rights Examiner readers will find of particular interest. The first is a letter in the "Crossfire"...
  • What's Missing from Black Agenda? Gun Rights

    03/27/2010 5:40:52 AM PDT · by marktwain · 11 replies · 526+ views ^ | 25 March, 2010 | NA
    Otis McDonald isn’t on anybody’s black agenda. But the thug who threatened his life sure as hell is. McDonald is 76, black and ready to handle his own business. That is, if the city of Chicago lets him. And so far, in a town known for corruption and being run by a string of Democrats, Chicago doesn’t want to let him. It’s about the guns, you see. Sometime during his 70-plus years in America, McDonald has probably had occasion to read the Second Amendment. You know, the one that goes “A well-regulated militia being necessary to the security of a...
  • Mr. McDonald's Handgun

    03/19/2010 10:45:35 PM PDT · by neverdem · 12 replies · 775+ views
    American Thinker ^ | March 20, 2010 | Ben T. Briscoe
    The Supreme Court recently heard arguments in what will be a landmark case for the Second Amendment: McDonald v. Chicago. A ruling is expected this June. A bit of history is in order. In 2008, the Supreme Court ruled in favor of gun rights in Heller v. The District of Columbia. The basis for Heller was that Washington, D.C. prohibited ownership of a handgun. The Court ruled that a federal enclave (D.C.) could not, through legislation, deprive law-abiding citizens of their constitutional rights. The ruling was a major victory for gun owners, the Constitution, and personal liberty.   Since the 2008...
  • MEET OTIS McDONALD(2nd Amendment)

    03/19/2010 6:58:54 AM PDT · by marktwain · 3 replies · 329+ views ^ | March, 2010 | Massad Ayoob
    I spent part of yesterday with Otis McDonald, the lead named plaintiff in McDonald v. Chicago, now under deliberation by the United States Supreme Court. When the Second Amendment Foundation mounted this challenge to the Chicago handgun ban, they could not have made a better choice. Mr. McDonald is your quintessential hard-working, self-made American. Beginning life as the son of a sharecropper in Mississippi, he served in the United States Army, spent thirty years working for a university, and is now trying to finish his life in peaceful retirement with his spouse. However, the Chicago neighborhood where he has owned...
  • Has the US gun lobby shot itself in the foot by unintentionally undermining states' rights?

    03/14/2010 7:11:39 AM PDT · by marktwain · 25 replies · 950+ views
    The Telegraph ^ | 12 March, 2010 | Gerald Warner
    The US Supreme Court is due to deliver its verdict in June on the case it has just heard (McDonald v City of Chicago) seeking to overturn the ban on handguns in Chicago, Barack Obama’s political base. This follows upon the court’s 2008 decision striking down a similar ban in Washington. You cannot find a lawyer, politician, pro- or anti-gun activist in the length and breadth of the Union who does not accept the high likelihood that the Chicago ban will be reversed. Since hostility to the right to bear arms, guaranteed by the Second Amendment to the American constitution,...

    03/11/2010 7:33:36 PM PST · by marktwain · 1 replies · 273+ views ^ | 4 March, 2010 | Massad Ayoob
    Well, McDonald v. Chicago – think of it as “son of Heller v. Washington DC” in terms of its importance to Second Amendment rights – has been argued. I wish they had broadcast the argument in live feed: so much is lost when you only read the cold black and white print of the transcript, and can’t catch all of the inflection in the voices, particularly the voices of the questioning Justices. And why, with cases impacting literally life-or-death issues, are the advocates allowed only thirty minutes per side to argue their positions? Initial impressions? For one thing, The Nine...
  • Why Chicago's gun law failed

    03/11/2010 7:22:19 PM PST · by marktwain · 5 replies · 438+ views ^ | 9 March, 2010 | Maureen Martin
    Chicago’s gun ban ordinance was enacted in 1982 to stem increasing use of firearms in crimes in the city. From the beginning, the ordinance has been an utter failure in accomplishing that goal. The U.S. Supreme Court heard oral arguments March 2 in a case brought by Chicago residents who want guns for self-defense but are barred by the ordinance from possessing them. Judging by the justices’ questioning, a majority appeared to be leaning toward ruling the gun ban — and Oak Park’s similar ordinance — unconstitutional. That is the right thing to do. The argument turned on constitutional niceties....
  • SJC backs trigger-lock law on guns in homes

    03/11/2010 12:21:32 PM PST · by neverdem · 64 replies · 1,748+ views
    Boston Globe ^ | March 11, 2010 | John R. Ellement and Martin Finucane
    In a case that drew attention from the Gun Owners Action League and the Brady Center to Prevent Gun Violence, the Supreme Judicial Court yesterday upheld a state law requiring trigger locks on guns kept in people’s homes. In what was seen by some as a victory for law enforcement and advocates of gun control, the state’s highest court ruled that the Second Amendment does not restrict the right of Massachusetts to impose its own rules on gun ownership. “We conclude that the legal obligation safely to secure firearms in [state law] is not unconstitutional,’’ Justice Ralph Gants wrote for...
  • The Breyer Patch

    03/08/2010 9:30:33 PM PST · by Kaslin · 6 replies · 116+ views ^ | March 9, 2010 | Mike Adams
    Justice Stephen Breyer was one of the four dissenting voices in District of Columbia v. Heller (2008), the landmark Supreme Court case ruling that the Second Amendment right to bear arms is an individual right, rather than a collective right, which merely attaches to service in a state militia. On page 35 of his 44 page dissent, Justice Breyer states the following:           “The upshot is that the District’s objectives are compelling; its predictive judgments as to the law’s tendency to achieve those objectives are adequately supported [emphasis mine]; the law does impose a burden upon          any self-defense interest...
  • George Will: Privileges, Guns and the Court

    03/08/2010 10:40:23 PM PST · by neverdem · 18 replies · 240+ views ^ | March 7, 2010 | George Will
    WASHINGTON -- It is said, more frequently than precisely, that the reasons the Supreme Court gives for doing whatever it does are as important as what it does. Actually, the court's reasons are what it does. Hence, the interest in the case the Supreme Court considered last week... --snip-- And even Justice Antonin Scalia, who recognizes that "substantive due process" is intellectual applesauce, thinks it is too late to repudiate 137 years of the stuff... --snip-- First, protecting the individual's right to keep and bear arms for self-defense was frequently mentioned by those who drafted and ratified the 14th Amendment,...
  • Behind Supreme Court case: Do gun rights protect against tyranny?

    03/07/2010 4:50:43 PM PST · by 2ndDivisionVet · 77 replies · 722+ views
    The Christian Science Monitor ^ | March 4, 2010 | Warren Richey
    The US Supreme Court is considering what could be a landmark decision on individual gun rights. An unspoken argument is that armed citizens would make any usurper think twice before subverting the Constitution. More than 10,000 words were spoken during this week’s historic oral argument over gun rights at the US Supreme Court. But one potentially significant word was never uttered during the hour-long session: tyranny. Long a focus of debates between gun control advocates and gun rights supporters, the issue was not discussed by lawyers attacking Chicago’s ban on handguns or the lawyer for the city defending local gun...
  • Will McDonald v Chicago Incorporate 2nd Amendment Rights?

    03/07/2010 1:07:26 PM PST · by BuckeyeTexan · 19 replies · 209+ views
    The Moderate Voice ^ | 03/07/2010 | Jazz Shaw
    The Supremes are considering another 2nd amendment case which might have far reaching consequences (in a good way) on this particular battle front. George Will has a good column this week which takes a look at the history of the fight and what the implications of McDonald v Chicago might be. It probably will result in a routine ruling that extends a 2008 decision and renders dubious many state and local gun-control laws. What could — but, judging from the justices’ remarks during oral argument, probably will not — make the ruling momentous would be the court deciding that the...
  • Deciphering the Court Deciphering Your Rights

    03/06/2010 6:28:28 PM PST · by marktwain · 33 replies · 570+ views
    The Firearms Coalition ^ | 5 March, 2010 | Jeff Knox Washington, DC - -( Oral arguments in the Supreme Court case of McDonald v. Chicago were an interesting show on March 2. Most of the Justices made their positions on applying the Second Amendment to the states – and what mechanism to use to do it – fairly clear from the outset. Most observers agree that the Court will declare that states must recognize a fundamental right to keep and bear arms. A secondary issue in this case is not just whether the Second Amendment should apply to the states, but also how it should get there. The...
  • 'Right To Bear Arms' Means Just That

    03/03/2010 4:48:00 PM PST · by Kaslin · 52 replies · 1,891+ views ^ | March 3, 2010 | INVESTORS BUSINESS DAILY Staff
    Otis McDonald, 76, stands before the Supreme Court, which Tuesday heard arguments in his suit to overturn Chicago's handgun ban Gun Rights: Otis McDonald, 76, an Army vet who lives in a high-crime area of Chicago, thinks the Constitution gives him the right to bear arms to protect himself and his wife as he protected his country. We think so too. On Tuesday, the Supreme Court heard arguments on behalf of four Chicago residents led by homeowner McDonald, the Second Amendment Foundation and the Illinois State Rifle Association to overturn Chicago's three-decade-old ban on owning handguns. In a 5-4...
  • McDonald v. Chicago (Nite Before)

    03/03/2010 4:31:33 PM PST · by marktwain · 304+ views ^ | 1 March, 2010 | Alan Korwin
    I’m back in my hotel, having endured the weather in front of the U.S. Supreme Court, anticipating oral arguments in McDonald v. Chicago in the a.m., the case that will decide the standing of our Second Amendment rights in the 50 states. Well, people are lining up all right. Young people who can withstand it. It’s bitter cold with a 20 MPH wind, but if you’ve decided to come here for the latest most seminal gun-rights case imaginable that’s not going to stop you. At 5PM when I arrived (night before the oral argument) there were eight people awaiting seats...
  • Oral Argument in McDonald v. Chicago(personal account)

    03/03/2010 4:27:52 PM PST · by marktwain · 14 replies · 865+ views ^ | 2 March, 2010 | Alan Korwin
    This case was way more complicated than Heller. Both attorneys faced hostility from the bench. Chicago’s lawyer got hit from all sides with little in the way of what you might call support. But the surprise was the way Alan Gura got blasted, even by the best friend gun-rights has up there, Justice Scalia. Whoever or however we believed the Court might be ready to review the Privileges or Immunities clause of 14A was totally wrong. Every Justice had problems with the scope of such a decision, and poor Gura had to withstand withering assaults on his reasoning and approach....
  • Amateur’s Take On McDonald Second Amendment Arguments

    03/02/2010 6:59:52 PM PST · by Biggirl · 9 replies · 431+ views ^ | March 2, 2010 | Steve McGough
    On the USSC and the handgun ban in Chicago. I enjoyed listening to the audio of the Heller arguments but unfortunately, they did not release any audio for today’s arguments. This afternoon I posted the full text of the oral arguments within a few minutes of being released and I’ve taken the time to read through the 77 pages during some free time tonight.
  • Supreme Court Misfires on McDonald Argument

    03/02/2010 6:03:50 PM PST · by neverdem · 69 replies · 1,949+ views
    National Review Online ^ | March 02, 2010 | Clark Neily
    In 1861, America began a war to end slavery. Shortly thereafter, we began another battle — Reconstruction — to end the incidents of slavery, culminating in the ratification of the Thirteen, Fourteenth, and Fifteenth Amendments. But from today’s arguments in McDonald v. City of Chicago, you would never know any of that had ever occurred, let alone that the Fourteenth Amendment — including specifically its Privileges or Immunities Clause — was enacted for the specific purpose of putting an end to a Southern tyranny that included the systematic disarmament of newly free blacks and their white supporters in order to...
  • Analysis: 2d Amendment extension likely

    03/02/2010 9:37:16 AM PST · by neverdem · 74 replies · 1,416+ views ^ | March 2nd, 2010 | Lyle Denniston
    The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right.  The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.When the Justices cast their first vote after starting later this week to discuss where to go from here, it appeared...