The Second Amendment Foundation on Nov. 16, filed a brief to the United States Supreme Court in the case of McDonald v. Chicago, which challenges the constitutionality of that city's ban on handguns.

SAF is joined in the lawsuit by the Illinois State Rifle Association (ISRA) and four individual plaintiffs. They are represented by attorney Alan Gura, who successfully argued the landmark Heller case before the high court in 2008, leading to a ruling that the Second Amendment affirms and protects an individual right to keep and bear arms beyond the scope of serving in a militia.

The McDonald case not only challenges the Chicago ban, but also brings up the question of application of the right to keep and bear arms to the states through the 14th Amendment. "Our filing today will help establish that the right to keep and bear arms is a fundamental right of American citizenship no city official can violate," Gura said.

Alan Gottlieb, SAF founder and executive vice president, added, "We brought this case because the Chicago ban has denied law-abiding citizens the exercise of a basic civil right for more than 20 years. We are delighted to bring this action with our colleagues in Illinois because this kind of onerous regulation simply cannot go unchallenged."

"The Chicago case presents an opportunity to challenge a local law in a case that has national implications," said ISRA Executive Director Richard Pearson. "A victory in this case not only restores a fundamental right to Chicago residents, it will prevent other such outright bans all over the country."

Oral arguments are scheduled before the Supreme Court in late February 2010 and a ruling on the case is expected sometime in late spring. The case may be followed at: www.chicagoguncase.com

For more, go to: http://www.prnewswire.com/news-releases/saf-files-supreme-court-brief-in-chicago-gun-ban-challenge-70218707.html

Related:

-- Second Amendment Protects All Americans, Supreme Court Told; http://www.cbsnews.com/blogs/2009/11/17/taking_liberties/entry5684166.shtml

-- Second Amendment Brief Filed by Bellevue Gun Nuts; http://blogs.seattleweekly.com/dailyweekly/2009/11/second_amendment_brief_filed_b.php

-- Petitioners File Brief in Chicago Handgun Ban Challenge; http://www.weeklystandard.com/weblogs/TWSFP/2009/11/petitioners_file_brief_in_chic_1.asp

-- History lesson on 2nd Amendment’s reach; a merits brief, McDonald v. Chicago, 08-1521; http://www.scotusblog.com/wp/history-lesson-on-2nd-amendments-reach/

Comments (2)

from Ruckweiler wrote 8 weeks 6 days ago

Amazing. The Founding Fathers would be amazed that there would be a controversy at all. We now have the curious notion afoot that the Bill of Rights only apply in a "Federal enclave." Last I checked, the Constitution and Bill of Rights were were written for the UNITED STATES OF AMERICA. Only lawyers could create this kind of stupidity. Keep your powder dry, friends.

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from patrick88 wrote 8 weeks 5 days ago

the law abiding citizen has the right to protect them selves and their property.you take the right to protect their family and then the criminal has the upper hand.they need to get this gun ban thrown out!

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from Ruckweiler wrote 8 weeks 6 days ago

Amazing. The Founding Fathers would be amazed that there would be a controversy at all. We now have the curious notion afoot that the Bill of Rights only apply in a "Federal enclave." Last I checked, the Constitution and Bill of Rights were were written for the UNITED STATES OF AMERICA. Only lawyers could create this kind of stupidity. Keep your powder dry, friends.

0 Good Comment? Yes | No | Report

from patrick88 wrote 8 weeks 5 days ago

the law abiding citizen has the right to protect them selves and their property.you take the right to protect their family and then the criminal has the upper hand.they need to get this gun ban thrown out!

0 Good Comment? Yes | No | Report

Post a Comment (200 characters or less)

 

All submitted comments are subject to the rules set forth in our Privacy Policy and Terms of Use.