Monday, June 28, 2010

McDonald V Chicago: America Wins, Gun Banners Lose

Today, the Supreme Court incorporated the Second Amendment upon the states via the Due Process clause, instead of through the Privileges and Immunities clause as was hoped. The Supreme Court (probably wisely given the repercussions of overturning the Slaughterhouse cases) ruled that the second amendment is incorporated via the Due Process clause and remanded the case back to the seventh circuit with clear instructions. I am still reading and parsing the ruling which can be read here, so I may have more to say about it when I've had a chance to do so, but today is a beautiful day, even if it is raining cats and dogs.

Here is the money quote:
We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as “prohibitions on the possession of firearms by felons and the mentally ill,” “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

So there will still be some "regulatory measures" that will still be allowed, but I suspect that outright bans, or "may issue" licensing may be legally dead.


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