Reason Writers Around Town: Damon Root on the Chicago Gun Case

Should the Second Amendment apply in Chicago? At BigGovernment.com, Associate Editor Damon Root explains why the upcoming Supreme Court case McDonald v. Chicago has the potential to restore both the Second Amendment and the Fourteenth Amendment to their rightful place in our constitutional system.

Read all about it here.

Comments

[prolefeed]

This seems so obvious.

Yet it isn't a lock that even 5 out of 9 SCOTUS justices will agree.

[TrickyVic]

I don't think the second can take it's rightful place until SCOUTS defines infringment.

According to Heller, even if the people of Chicago have a right, that right can be regulated.

[crimethink]

An effective ban on handguns is not regulation. Didn't Heller settle that (at least as far as federal laws are concerned)?

[TrickyVic]

I would argee with that. But you can use regulation to create an almost ban. Technially NYC hasn't banned handguns, permits are available.

All you have to do is set a public saftey bar. That way, people after passing a battery of exams, background checks, post a bond, or buy required insurnace for liability in case you shoot someone, can then be eligible to by a license to own a gun.

Point being, Heller left a lot of wiggle room for savoy legislators to make it extremely difficult to own a gun.

It's part of the reason I beleive the term infringment needs to be addressed by SCOTUS.

[TrickyVic]

Ok, so you buy a license not by one.

[wayne]

I highly recommend reading the amicus brief linked to in this article. It is actually written in comprehensible English. That probably means SCOTUS will ignore it.

[Rocketman]

The way the anti-gun people have been playing this one I wouldn't be surprized - after SCOTUS declared that the 2nd amendment applied to all states via the 14th - is Chicago then said it doesn't apply to them because they are a city, not a state.

Heck, DC is still doing its level best to ignore Heller.