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Supreme Court to Decide If Gun Banning Cities Violate 2nd Amendment

Posted on | September 30, 2009 | No Comments

A lower court upheld the ruling that cities could create their own laws that ban the ownership of guns. Now the Supreme Court will review the case and make their decision. The case is McDonald v. Chicago, and will not be argued until next year.

The handgun ban has been in place in Chicago since 1982, but came under fire recently after DC v. Heller overturned the handgun ban in the capitol.

The case is sponsored by the Second Amendment Foundation and the Illinois State Rifle Association on behalf of some residents of Chicago.

Judge Frank Easterbrook, Chief Judge of the United States Court of Appeals for the Seventh Circuit, had stated that these types of laws were to be cherished as they promote local differences.

The main points that McDonald will challenge are

  • Banning the registration of handguns, thus effecting a broad handgun ban
  • Requiring that guns be registered prior to their acquisition by Chicago residents, which is not always feasible
  • Mandating that guns be re-registered on an annual basis, including the payment of what amounts to an annual tax on the exercise of Second Amendment rights
  • Rendering any gun permanently non-registerable if its registration lapses
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