Wednesday, September 30, 2009

2nd Amendment Case Up

The Supreme Court of the United States will be taking up the case challenging the Chicago ban on handguns. Last year, the high court ruled that gun ban in Washington, DC violated the Second Amendment right to bear arms. That made it clear that the federal government couldn’t impose a ban on handguns but that left the question of whether the Second Amendment also applied to the states. Washington was a special case because it is a federal jurisdiction. So if the federal government couldn’t impose such a ban, could a state or municipal government do so?

The Second Amendment is one of the few sections of the US Constitution’s Bill of Rights that hasn’t been applied to the States. The others being:
3rd: the prohibiting the quartering of soldiers in a private residence.
5th: the right to a grand jury indictment
7th: the right a to jury trial in civil cases
8th: the right against excessive fines and punishments.
It should be noted, however, that most state constitutions also have these protections. For example the right to bear arms appears in some form in 44 state constitutions.

It’ll be interesting and I look forward to reading what the court hands down.

No comments: