Seventh District Court Rules That States Can Overrule the 2nd Amendment
Posted on | June 2, 2009 | No Comments
EASTERBROOK, Chief Judge. Two municipalities in Illinois
ban the possession of most handguns. After the Supreme
Court held in District of Columbia v. Heller, 128 S. Ct. 2783
(2008), that the second amendment entitles people to keep
handguns at home for self-protection, several suits were
filed against Chicago and Oak Park. All were dismissed on
the ground that Heller dealt with a law enacted under the
authority of the national government, while Chicago and
Oak Park are subordinate bodies of a state. The Supreme
Court has rebuffed requests to apply the second amend-
ment to the states. See United States v. Cruikshank, 92 U.S.Chicago and Oak Park are poorly placed to make these
arguments. After all, Illinois has not abolished self-defense
and has not expressed a preference for long guns over
handguns. But the municipalities can, and do, stress
another of the themes in the debate over incorporation of
the Bill of Rights: That the Constitution establishes a
federal republic where local differences are to be cherished
as elements of liberty rather than extirpated in order to
produce a single, nationally applicable rule.
The NRA is expected to appeal this case to the Supreme Court.
From USCourts.gov
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