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
— 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/