Get Adobe Flash player

Protecting the Second Amendment (But Just Barely)

From The Heritage Foundation:

In what is probably the most important Second Amendment case in Supreme Court history, the Court today held that the “right of the people to keep and bear Arms” cannot be infringed by the states. In 2008 in District of Columbia v. Heller, the Court for the first time held that the right to bear arms was an individual right. But that decision, which struck down a virtual ban on handguns and a requirement that rifles and shotguns had to be kept “unloaded and disassembled or bound by a trigger lock” in the District of Columbia, applied only to the federal government because the District is a federal enclave. What had never been decided before today’s decision in McDonald v. Chicago was whether the protection of the Second Amendment is incorporated through the Fourteenth Amendment’s Due Process Clause to apply to state and local governments.

In a long-awaited decision on the final day of the Supreme Court’s term, a 5-4 majority of the Court in an opinion written by Justice Alito overturned the City of Chicago’s regulations on firearms. These regulations included a ban on handguns, a requirement that other guns be registered prior to their acquisition (which is impractical in many cases), a burdensome annual reregistration requirement and annual fee, and a punitive provision that would bar the reregistration of a gun once its registration expired.

The opinion holds that the right to keep and bear arms is among the most fundamental rights necessary to this Nation’s system of ordered liberty and is deeply rooted in our history and tradition. Thus, it applies to the states through the Due Process Clause of the Fourteenth Amendment.

Read the rest at The Heritage Foundation.


God Bless America

Find Us On Facebook!

Hot Topics

Random Quote

We must all hang together, or assuredly we shall all hang separately. — Benjamin Franklin, at the signing of the Declaration of Independence, July 4, 1776

Today’s Events

None

Upcoming Elections

  • No dates present