Legal Expert: McDonald Decision Expected To Build Upon Heller

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With oral arguments before the Supreme Court scheduled to begin on March 2, 2010, the Cato Institite and the Heartland Institute are among the nation’s most elite think tanks filing amicus briefs in support of the Second Amendment Foundation’s and Illinois State Rifle Association’s lawsuit contesting the Constititionality of the Chicago gun band.

In a Nov. 30 article written by Ashley C. Stinnett for, Maureen Martin, a senior fellow for legal affairs with the Heartland Institute, said McDonald v. Chicago could be a bigger landmark case than last year’s Heller decision, and that this year’s ruling will build upon the Heller precedent, extending the application of the Second Amendment to the states.

“In the Heller case, the District of Columbia (federal) ordinance, very similar to Chicago’s, was declared unconstitutional,” Martin told Stinnett. “The Court said, however, that some reasonable regulation is constitutionally permissible but not a total ban. Since that 2008 ruling, the District has been pushing the boundaries, trying to continue a ban.”

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