Second Amendment Issues

McDonald v. Chicago: A Unique Perspective?

The McDonald v. Chicago decision was released on Monday.  I purposely avoided the news and other blogs so I could read the entire opinion with a fresh and open mind.  And, that is how I have written this look at McDonald.

I’m sure most of the other gun blogs have gotten basics of the story right:  McDonald incorporates the Second Amendment and Heller to the states via the due process clause, the gun bans in Chicago and Oak Park are illegal, and the decision was a 5-4 split.  But there are some other interesting aspects of this case that I will explore, and I hope this will provide a different perspective.

Second Amendment Issues Self-Defense Issues

D.C. vs Heller: Supreme Court Strikes Down Handgun Ban

Supreme CourtIn a 5-4 decision, the U.S. Supreme Court has ruled the District of Columbia’s draconian handgun ban is unconstitutional. Specifically, the Court held that “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

The Court also states that “The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense.”