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Attorney Alan Gura argued and won D.C. v. Heller, the 2008 case in which the Supreme Court held that the Second Amendment guarantees an individual right to arms. This year he will be back at the Supreme Court to argue McDonald v. Chicago, which should settle whether the Second Amendment applies to state and local governments. reason asked him to name three positive gun rights developments since his Heller victory.
1. McDonald v. Chicago. “Most gun regulations are enacted at the state and local level. The Second Amendment doesn’t mean a whole lot if you’re protected from the feds but the mayor takes away your guns. We’re asking the Court to apply the Second Amendment the way it was intended, under the 14th Amendment’s Privileges or Immunities Clause, which would also advance liberty in other important ways.”
2. Congress stands up for gun rights. “We’ve seen the end of the ban on guns in national parks, among other significant gun rights victories. Heller green-lighted congressional protection of gun rights.”
3. Lower courts fall in line. “The Second Amendment is starting to be taken seriously in lower courts as well. Judges are striking down gun restrictions as a condition of pretrial release and questioning the prohibition of guns to nondangerous individuals swept up in broader gun bans. I’ve already managed to undo some of the restrictions that D.C. tried to impose post-Heller. Stay tuned for more.”
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Pingback| 2.2.10 @ 9:26PM
Gun Rights on the March | Snowflakes in Hell links to this page. Here’s an excerpt:
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SayUncle » Post Heller links to this page. Here’s an excerpt:
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