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Supreme Court set to hear gun rights case

By Reid Wilson - 09/30/09 12:26 PM ET

The Supreme Court will wade deeper into the debate over gun rights this term when it hears a challenge to registration requirements in Chicago.

McDonald v. Chicago is the first such case since the court declared an individual's right to own a firearm in 2008, and gun-rights proponents are hoping to strike down requirements that Chicago residents register firearms before they buy them, and that the weapons be re-registered annually.

Gun-rights advocates say the re-registration is nothing more than an annual tax on guns.

The suit also challenges Chicago's ban on handgun registration, which gun-rights supporters say amounts to a backdoor ban on handguns.

Chicago's ban is similar to that of Washington, D.C., a ban that was overturned by the court in the 2008 case, District of Columbia v. Heller. In that case, the court issued its first decision ever that addressed whether the Second Amendment applies to individuals.

Gun-rights advocates say the court's taking up the case would open the possibility of extending the Heller decision to the rest of the country.

"We're very pleased. It's a natural follow-up to the historic Heller decision," said Chris Cox, the NRA's top lobbyist in Washington. "I think most Americans agree that Second Amendment rights aren't reserved for those people who live in Washington, D.C., federal enclaves and Indian reservations."

The decision "should be applied equally, and we're going to continue to work to make sure that the law of the land recognizes that individual right," Cox said.

After the Heller decision, gun-rights advocates immediately filed a number of suits challenging local bans on gun ownership across the country. Earlier this year, the Seventh Circuit Court of Appeals ruled in favor of the city.

Gun-control advocates said the high court's move was expected, given the Heller decision and the follow-on cases filed by allies of the NRA around the country. Some said McDonald is unlikely to have a far-reaching impact, even if the Chicago ban is overturned.

"Even if the court were to hold the Second Amendment applicable to states and localities, such a ruling is unlikely to change the crucial holding by the Supreme Court in Heller that a wide range of reasonable gun laws are presumptively constitutional, and that the Second Amendment right is narrowly limited to guns in the home for self-defense," said Paul Helmke, president of the Brady Center to Prevent Gun Violence.

"Since the Heller decision, the gun lobby and criminals have brought at least 170 challenges to gun laws or to block criminal gun prosecutions. With only a handful of exceptions, those challenges have failed," Helmke said.

Source:
http://thehill.com/homenews/news/60947-high-court-to-hear-gun-case

Comments (5)

District of Columbia v. Heller is a decision upon which Justice Scalia once again demonstrated that he is an intellectual fraud. While claiming to uphold the constitution as the framers intended, he has no qualms about making up facts to suit his desired end. Historically, the 2nd Amendment was drafted to protect the citizens from the banning of guns by the Crown of England. Fearing such a ban by the Federal Government the 2nd Amendment was written. Taken in combination with the 10th Amendment which reserves all rights to the state not specifically enumerated to the Federal Govenment it is impossible to reach the conclusion that Scalia reaches without making up this BS about citizens carrying guns to hunt with.BY Dan McCarthy on 09/30/2009 at 14:39
You are dead on, Dan. Couldn't have said it any better.BY Rick R on 09/30/2009 at 15:09
"Even if the Court were to hold the Second Amendment applicable to states and localities, such a ruling is unlikely to change the crucial holding by the Supreme Court in Heller that a wide range of reasonable gun laws are presumptively constitutional, and that the Second Amendment right is narrowly limited to guns in the home for self-defense," said Paul Helmke, president of the Brady Center to Prevent Gun Violence.The second amendment doesn't mention "in the home for self-defense". Though, it does say "shall not be infringed". If I am not able to bear arms outside my home that right is being infringed.The 1st amendment is not restricted to inside the home either. One can't yell "fire" in a crowded theater, but one is certainly allowed to speak. The same is true of firearms. One can't go shooting them in the air or threatening people with them, but one can certainly carry them.It has been proven time and time again. The more legal gun owners there are in any, ANY, given area the less gun crime there is and the less crime in general there is.BY Pete on 09/30/2009 at 15:15
It does not matter to me the reasoning for the Heller decision, I feel that the correct judgment was made regarding the issue of firearms in this country.BY dave on 09/30/2009 at 18:42
Better to have a gun and not need it, then to NEED a gun and not have it.BY Adam O on 09/30/2009 at 19:49

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