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REAL REPUBLICANS FOR REAL CHANGE

SUPREME COURT TO RULE ON LOCAL AND STATE GUN BANS

Posted by zeakster on September 30, 2009

Reporting from Washington – The Supreme Court set the stage for a historic ruling on gun rights and the 2nd Amendment by agreeing today to hear a challenge to Chicago’s ban on handguns.

At issue is whether state and local gun-control ordinances can be struck down as violating the “right to keep and bear arms” in the 2nd Amendment.

A ruling on the issue, due by next summer, could open the door to legal challenges to various gun control measures in cities and states across the nation.

The case also will decide whether the 2nd Amendment protects a broad constitutional right, similar to the 1st Amendment’s right to free speech or the 4th Amendment’s protection against unreasonable searches and seizures.

In the past, the Supreme Court had given short shrift to the 2nd Amendment by saying it applied only to national laws and that its aim was to preserve “well-regulated militias.”

This quite narrow view of the amendment conflicted with the views of most Americans, according to opinion polls.

Last year, the court in a 5-4 decision breathed new life into the amendment by ruling that it protected an individual’s right to have a handgun at home for self-defense. The decision in District of Columbia vs. Heller struck down a local ban on handguns.

But since the nation’s capital is a federal enclave, the court did not reconsider its 19th century rulings that said the 2nd Amendment applied only to federal laws and restrictions.

Since then, several gun owners have filed new constitutional challenges in several cities, including Chicago and the nearby Village of Oak Park. They lost when judges there said they were bound by the high court’s earlier rulings.

But the Supreme Court today said it had voted to hear the appeals from gun owners in Chicago and Oak Park and to decide whether the 2nd Amendment restricts local and state laws as well as national measures.

Lawyers for the gun owners argued that “the right of the people to keep and bear arms” set out in the 2nd Amendment is “incorporated” into the 14th Amendment and thereby applies to states and localities.

http://www.latimes.com/news/nationworld/nation/la-na-supreme-court-guns1-2009oct01,0,5955852.story

LETS  face it the reason government wants gun bans is because they want the public to be afraid of them they dont want to be afraid of the public.

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One Response to “SUPREME COURT TO RULE ON LOCAL AND STATE GUN BANS”

  1. kainoa said

    just ask the experts hitler stalin and mao gun control really works

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