Supreme Court To Hear Lawsuit Against Chicago’s Handgun Ban
Illinois –-(AmmoLand.com)-Today the U.S. Supreme Court announced it will hear an appeal of the case of the McDonald vs Chicago lawsuit concerning Chicago’s ban on handguns . The lawsuit was filed over a year ago on June 26, 2008 on the heels of a favorable ruling by SCOTUS in the Washington, DC vs Heller case . In that case the Court ruled the Washington, DC handgun ban unconstitutional.
The Illinois State Rifle Association and the Second Amendment Foundation filed the lawsuit on behalf of four Chicago residents, Otis McDonald, Adam Orlov, and Colleen and David Lawson. The U.S. 7th Circuit Court of Appeals upheld the ban and the case was appealed to the U.S. Supreme Court.
The case, now known as McDonald vs Chicago, is being viewed by many Second Amendment supporters as a possible historic landmark in the battle for the right to keep and bear arms. The Second Amendment is the only amendment listed in the Bill of Rights that the Court has not applied to the states or what is known as “incorporated” to the states. States and local governments have interpreted that lack of incorporation to mean they can issue any restrictions on the right to keep and bear arms they deem appropriate – up to and including outright bans on whole classes of firearms such as handguns.
McDonald vs Chicago offers the U.S. Supreme Court the opportunity to not only strike down the Chicago handgun ban but also makes it possible for the Court to incorporate the Second Amendment to the states. The Heller case didn’t call for a ruling on the issue of incorporation because that case involved a federal entity, Washington, DC, and did not involve a state or local government.
If incorporation takes place, state and local governments will be called to recognize the Second Amendment and law-abiding citizens will then begin to have a reasonable expectation of exercising their right to keep and bear arms.
Congratulations to the Illinois State Rifle Association, the Second Amendment Foundation, and the plaintiffs in bringing this case before the U.S. Supreme Court. You can follow the case at ChicagoGunCase.com.
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