Damon W. Root writes in an Aug. 7 column posted on that the 7th Circuit Court of Appeals — featuring the newly minited Supreme Court Justice Sotomayor — “held that the Second Amendment offers zero protection against the restrictive gun control laws currently in place in Chicago and Oak Park, Ill. Plaintiff’s attorney Alan Gura, who argued and won last year’s landmark gun rights decision D.C. v. Heller, quickly filed an appeal with the Supreme Court, asking them to hear the Chicago gun case.

“Now,” Root continues, “Chicago and Oak Park have filed their own petition with the Court. Not surprisingly, they argue that the 2nd Amendment should not apply to state and local governments. They also picked up on the 7th Circuit’s controversial argument that federalism would best be served by letting the states disregard the Second Amendment entirely. As conservative Chief Judge Frank Easterbrook wrote for the 7th Circuit, ‘Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon …’

Root states that Gura’s petition “did a very nice job of refuting this dangerously biased notion of federalism. As he put it, ‘To claim that of all rights, the Second Amendment must yield to local majoritarian impulses is especially wrong, considering that the rampant violation of the right to keep and bear arms was understood to be among the chief evils vitiated by adoption of the Fourteenth Amendment.’ Indeed, per the 14th Amendment, we don’t let the states try ‘novel experiments’ like establishing official religions or banning free speech. It’s time for the Second Amendment to receive the same respect ….”

For more, go to:


— Should the 2nd Amendment apply to the states?

— The fight over the Second Amendment, by U.S. Rep. Adrian Smith of Nebraska;

— Legal ignorance of Second Amendment not new;

— 2nd Amendment: It’s time to take on the perfect storm;,0,1615301.story