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Justices extend gun owner rights nationwide

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50Willys View Drop Down
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    Posted: 28 June 2010 at 12:40pm
By MARK SHERMAN, Associated Press Writer Mark Sherman, Associated Press Writer Mon Jun 28, 2:50 pm ET

WASHINGTON – The Supreme Court held Monday that Americans have the right to own a gun for self-defense anywhere they live, expanding the conservative court's embrace of gun rights since John Roberts became Chief Justice.

By a 5-4 vote, the justices cast doubt on handgun bans in the Chicago area, but signaled that some limitations on the Constitution's "right to keep and bear arms" could survive legal challenges.

On its busy final day before a three-month recess, the court also ruled that a public law school can legally deny recognition to a Christian student group that won't let gays join, jumped into the nation's charged immigration debate by agreeing to review an employer sanctions law from Arizona and said farewell to Justice John Paul Stevens, who is retiring after more than 34 years.

A short distance from the court, the Senate Judiciary Committee began confirmation hearings for Elena Kagan, nominated by President Barack Obama to replace Stevens.

In the guns case, Justice Samuel Alito said for the court that the Second Amendment right "applies equally to the federal government and the states."

The court was split along familiar ideological lines, with five conservative-moderate justices in favor of gun rights and four liberals opposed. Roberts voted with the majority.

Two years ago, the court declared that the Second Amendment protects an individual's right to possess guns, at least for purposes of self-defense in the home.

That ruling applied only to federal laws. It struck down a ban on handguns and a trigger lock requirement for other guns in the District of Columbia, a federal city with unique legal standing. At the same time, the court was careful not to cast doubt on other regulations of firearms here.

Gun rights proponents almost immediately filed a federal lawsuit challenging gun control laws in Chicago and its suburb of Oak Park, Ill., where handguns have been banned for nearly 30 years. The Brady Center to Prevent Gun Violence says those laws appear to be the last two remaining outright bans.

Lower federal courts upheld the two laws, noting that judges on those benches were bound by Supreme Court precedent and that it would be up to the high court justices to ultimately rule on the true reach of the Second Amendment.

The Supreme Court already has said that most of the guarantees in the Bill of Rights serve as a check on state and local, as well as federal, laws.

Monday's decision did not explicitly strike down the Chicago area laws. Instead, it ordered a federal appeals court to reconsider its ruling. But it left little doubt that the statutes eventually would fall.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote 83K10 Quote  Post ReplyReply Direct Link To This Post Posted: 28 June 2010 at 1:27pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Guests Quote  Post ReplyReply Direct Link To This Post Posted: 29 June 2010 at 12:12am
It's amazing that courts all across the country jump all over cases involving things like a school having a religious based program at Christmas because of the 1st Amendment "Seperation of church and state" but when it comes to the 2nd Amendment these same courts seem to think the Constitution doesn't really mean what it says.
 
Yesterday was a good day for freedom but you know there are a lot of sad folks out there trying to figure out their next anti-gun move.  Serialized bullets/cases, hand identification technology in the weapon, six year waiting period for purchase, no reloading of military brass, ...  Wait - some of these are already here or on the way aren't they.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Toydawg Quote  Post ReplyReply Direct Link To This Post Posted: 29 June 2010 at 2:14am
I take exception to the media using terms like "expand" or "extend" in this context.  The Supreme Court  ruling does not expand or extend anything; it simply recognizes the right we've always had under the constitution.  The lame stream media want the unwashed masses to envision a wave of dreaded firearms ("WEAPONS") sweeping across the nation given the recent ruling.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Case Quote  Post ReplyReply Direct Link To This Post Posted: 29 June 2010 at 3:24am
i'll bet anything that chicago handles this the same way DC did....make the regulations so onerous and obfuscated that barely anyone will be able to get a legal hand gun anyways. 

In other words spit on the constitution until called out on it by the supreme court and then just merely ignore and disregard it after that. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 50Willys Quote  Post ReplyReply Direct Link To This Post Posted: 29 June 2010 at 5:12am
From the NRA:

National Rifle Association Hails Historic Victory on
Second Amendment Freedom in McDonald v. City of Chicago

Monday, June 28, 2010

Fairfax, Va. -- The National Rifle Association of America today praised the U.S. Supreme Court's historic decision in another landmark Second Amendment case. In a 5-4 decision, the Court ruled that the Second Amendment applies not just to Washington, D.C. and other federal enclaves, but protects the rights of all Americans throughout the country. The opinion in McDonald v. City of Chicago brings an end to the nearly 30 year-long handgun ban that the city has imposed on its law-abiding citizens.

"This is a landmark decision," said NRA Executive Vice President Wayne LaPierre. "The Second Amendment -- as every citizen's constitutional right -- is now a real part of American constitutional law. The NRA will work to ensure this constitutional victory is not transformed into a practical defeat by activist judges defiant city councils or cynical politicians who seek to pervert, reverse or nullify the Supreme Court's McDonald decision through Byzantine labyrinths of restrictions and regulations that render the Second Amendment inaccessible, unaffordable or otherwise impossible to experience in a practical, reasonable way."

As a party to the case, the NRA participated in oral arguments before the Court in March. The NRA persuasively argued that the Second Amendment applies to state and local governments through the Fourteenth Amendment and that handgun bans, like those in the City of Chicago and the Village of Oak Park, are unconstitutional under any standard of judicial review. This same view was shared in friend of the court briefs by a bipartisan group of 309 members of Congress from both chambers, 38 state attorneys general, and hundreds of state legislators. Public opinion polls show that it is also shared by the overwhelming majority of the American people.

"This decision makes absolutely clear that the Second Amendment protects the God-given right of self-defense for all law-abiding Americans, period," said Chris W. Cox, NRA chief lobbyist. "Ironically, while crime in Chicago runs rampant and lawmakers there call on the National Guard for help, Mayor Daley has insisted on leaving the residents of his city defenseless. Today's opinion puts the law back on the side of the law-abiding. We will be watching closely to make sure that Chicago abides by both the letter and the spirit of the Supreme Court's decision."


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Case Quote  Post ReplyReply Direct Link To This Post Posted: 02 July 2010 at 7:41am
aaaaaaaaaaand I called it.  The "regulations" are so onerous that owning a gun is next to impossible in Chicago anyways.

What I find interesting is that right in the Supreme Court Ruling was a statement of fact that Chicago's gun ban did not reduce gun related violence at all.  In fact it actually increased after the ban.  Yet, they are still hell bent on regulating the piss out of legal gun ownership.

http://news.yahoo.com/s/ap/20100701/ap_on_re_us/us_chicago_gun_ban

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