Forgot your password?
typodupeerror
The Courts

Ellie K's Journal: Second Amendment applies to states AND localities. Maybe

Journal by Ellie K
Most U.S. federal-level laws are applied at the state and local level by "Due Process", which exists as a clause in the Fourteenth Amendment to the U.S. Constitution.

The Second Amendment applies to gun control. The phrase, "the right to bear arms", is applicable only at the Federal level according to the Constitution. On 29 June 2010, the US Supreme Court issued a much-anticipated ruling on restrictive City of Chicago gun control measures, effectively banning citizen possession of firearms. (The City of Chicago is not alone in doing this sort of thing. Washington D.C. has a similar gun control law. Does it have any discernibly positive impact? Maybe. I don't know. )

The U.S. Supreme Court ruled that the the Second Amendment was applicable to the City of Chicago under the Fourteenth Amendment's Due Process instead of a stronger measure, known as Privileges and Immunities. Actually, Justice Clarence Thomas based his opinion on Privileges and Immunities, but was the only Justice who did so.

What are the implications of this case ruling? Well, it could mean increased legislation, or "open season" on existing possession of firearms-related laws for all U.S. states and localities. I wonder if it will affect the gun control laws in the five Boroughs of Manhattan.
This discussion has been archived. No new comments can be posted.

Second Amendment Applies to States (and Localities) | Sands Anderson PC - JDSupra

Comments Filter:

Can't open /usr/fortunes. Lid stuck on cookie jar.

Working...