Monday, June 28, 2010

Supreme Court incorporates 2nd Amendment rights as a fundamental right even for state and local law; Chicago law taken down

The Supreme Court has struck down a Chicago gun control ordinance this morning (June 28) and ruled that the Second Amendment applies as a fundamental individual right when applied to states and localities (essentially, that seems to mean that it comes under 14th Amendment incorporation).

Actually, later media reports indicated that the Court ordered the Appeals court to review its ruling in terms of (what amounts to) an incorporation doctrine. But that means that Chicago will not be able to prevent law-abiding civilians from owning guns in their own homes with some reasonable regulation.

The case is McDonald v. Chicago and the Supreme Court slip opinion is here.

The CNN story, by Bill Mears, is here.

The court was divided in this 5-4 ruling, and dissenter Stephen Breyer warned that many local firearms laws could be challenged in federal court, but the majority said that there can be reasonable regulation of firearms use.

Chicago is likely to pass a law similar to Washington DC’s law now, requiring registration, certification and training.

No comments: