McDonald vs Chicago (a.k.a. Alan Gura part II)

If you have not heard, Alan Gura, the lawyer who argued the case for Dick Heller in DC vs Heller will now be arguing for McDonald vs Chicago.  This case has the potential to a) defeat Chicago draconian and “unreasonable” gun ban, and b) garner incorporation of the 2nd Amendment. Which would require states to also acknowledge and adhere to the ideals of the 2nd Amendment.

Below is the press release by Alan Gura for the Second Amendment Foundation as well as some other relevant links.

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WASHINGTON, D.C. – The U.S. Supreme Court announced today that it will hear the case of McDonald v. City of Chicago, and decide whether the right to keep and bear arms secured by the Second Amendment protects Americans from overreaching state and local governments.

At issue is a 27-year-old Chicago law banning handguns, requiring the annual taxation of firearms, and otherwise interfering with the right of law-abiding individuals to keep guns at home for self-defense. The case was brought on behalf of four Chicago residents, the Second Amendment Foundation, and the Illinois State Rifle Association.

Last year, in the landmark case of District of Columbia v. Heller, the Supreme Court held that the Second Amendment guarantees an individual right to keep and bear arms. However, as that case concerned the actions of the District of Columbia government, a federal entity, the high court was not called upon to decide whether the right bound states and local governments. Over the years, almost the entire Bill of Rights has been held to apply to state and local governments by operation of the Fourteenth Amendment.

“The freedoms we enjoy as Americans are secured to us against violation by all levels of government,” noted Alan Gura, of Gura & Possessky, PLLC, lead counsel for the McDonald plaintiffs. “State and local politicians should be on notice: the Second Amendment is a normal part of the Bill of Rights, and it is coming to your town.”

Otis McDonald, a Chicago resident since 1952 who led the fight to integrate his union local in the 1960s and is a plaintiff in the case, welcomed the news.

“I am grateful the Supreme Court has agreed to hear this case,” McDonald said. “I now pray that the Court secures me and all other law-abiding citizens the right to defend ourselves and our families.”

SAF founder Alan Gottlieb said the case is of paramount importance to American citizens, to see that their constitutional rights are respected not only by the Congress, but by state and local governments.

“SAF was delighted to bring this case in cooperation with the Illinois State Rifle Association and the four local plaintiffs because a gun ban is no less onerous to civil rights in Chicago than it was in the District of Columbia,” Gottlieb observed. “Such a law cannot be allowed to stand unchallenged.”

Chicago attorney David Sigale commented, “The City of Chicago cannot take from millions of Americans the fundamental freedom of self-defense in one’s own home. We are confident the Court will stand on the side of the law-abiding citizens and the Bill of Rights.”

“We’re pleased to hear that the Supreme Court has decided to take a look at Chicago’s gun laws,” added ISRA President Don Moran. “In this time of economic uncertainty and increasing lawlessness, the good people of Chicago ought not have to choose between violating Chicago’s gun ban, and protecting themselves and their loved ones.”

The Chicago gun ban challenge will likely be among the most closely watched constitutional law cases in decades. At stake is not just the question of whether the Second Amendment secures the right to arms against state and local governments, but also the extent to which the Supreme Court preserves individual liberty against encroachment by state and local governments.

Oral argument will possibly be scheduled early this coming winter, with a decision expected by June 2010. Gura will argue the case on behalf of the McDonald plaintiffs.

More Info:

Second Amendment Foundation:  Press Release by Alan Gura
http://www.chicagoguncase.com/2009/09/30/press-release-supreme-court-to-hear-mcdonald-case/

U.S. Supreme Court docket

http://origin.www.supremecourtus.gov/docket/08-1521.htm

Wikipedia Article

http://en.wikipedia.org/wiki/McDonald_v._Chicago

Alan Gura files “Palmer vs DC” (Heller II)

Having already fought for the “Right to keep” arms at SCOTUS in the DC vs Heller. Alan Gura is now beginning the fight for the “Right to bear” arms.

The new lawsuit challenges Washington D.C.’s policy of requiring a permit to carry but not providing any means for obtaining said permit.

More at Of Arms and the Law Blog

After the DC vs Heller win, I’ve felt the next step was to push for a SCOTUS case on the right to bear arms ; along with the push for incorporation of the 2nd Amendment. So I am rather excited about this case.  That said, we’re probably have to wait 5-10 years to see it’s resolution.

Published in: on August 13, 2009 at 8:49 am  Leave a Comment  
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Ninth Circuit Court Incorporates the Second Amendment

BIG NEWS!!!
http://bigtweet.com/c/b/twitter/gunrights/17VOJt

Good discussion over at Arms and the Law
http://armsandthelaw.com/

And for the legal buff wanting more nitty gritty…

From what I understand of it. This is just a circuit court. So it carries a tremendous amount of weight, but could still be reviewed by the Supreme Court. The actual case was lost, as the 9th Circuit Court deemed the issue a reasonable regulation. But it affirmed that the Second Amendment applies to the states in the 9th Circuit.  Definitely a step in the right direction. And should make Chicago’s upcoming case a bit more difficult to play.

Published in: on April 21, 2009 at 2:02 am  Leave a Comment  
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