01 March 2010

The Battle For The Second Amendment returns to the Supreme Court Tuesday

Fox News

The battle over the meaning of the Second Amendment returns to the Supreme Court Tuesday when the justices hear a case that is a follow-up to their historic ruling in 2008 that individuals have a Constitutional right to keep and bear arms. On Sunday, Fox's Shannon Bream spoke with a couple of key figures in the gun rights debate: lawyer Alan Gura and Dennis Henigan of the Brady Center to Prevent Gun Violence. Gura argued and won D.C. v. Heller two years ago and will appear before the Court Tuesday.

Even though the Supreme Court ruled two years ago that the Second Amendment protects an individual's right to keep and bear arms, that historic ruling overturning a Washington D.C. gun ban doesn't apply to the 50 states. On Tuesday, the justices will be asked to do just that. The legal term is called "incorporation" but all that means is extending the federal protections of the Bill of Rights--including the Second Amendment--to the states. The case challenges Chicago's restrictive gun law. Dozens of groups have added their voices to the case including the National Rifle Association and the Educational Fund to Stop Gun Violence.

Gura represents Otis McDonald who is challenging the Chicago law. "Virtually the entire Bill of Rights has been applied against states and local governments. The Second Amendment is a normal part of the Bill of Rights. It protects a meaningful individual right which is very important to people in this country and throughout American history," Gura said.

Henigan says the case is Gura's to lose based on the premise that the same five judges who were part of the Heller majority will join together and carry the day in this case. But Henigan emphasizes another part of the Heller decision where he says "the Court implicitly recognized that there is still broad legislative authority to enact reasonable laws to reduce the risk from that right. And we hope the Court gives similar assurances in this case."


Robocop's Comment:

1 comment:

Debbie said...

I like your comment. ha

I posted yesterday about the University of Tennessee not allowing athletes to carry guns ANYWHERE. I'm not sure that is legal or constitutional, time will tell.

I hope things are well for you and smoother in your personal off-line life. Hope to see you regularly again.

Debbie
Right Truth
http://www.righttruth.typepad.com