Seventh Circuit: The Second Amendment Does Not Apply Against the States


The Seventh Circuit Court of Appeals issued its opinion today in National Rifle Association v. Chicago (formerly McDonald v. Chicago), holding that the Second Amendment offers no protection against the restrictive gun control laws of Chicago and Oak Park, Illinois. As I noted last week, the Second Circuit—including Judge Sonia Sotomayor—reached the same conclusion about a New York law back in January, while the Ninth Circuit, in April's Nordyke v. King, held that the Second Amendment does apply against state and local governments. This split among the circuits means the Supreme Court will almost certainly take up the issue. Here's why the Court should rule that the amendment does apply to the states.