Supreme Court to take up 2nd Amendment Incorporation

September 30th, 2009 12:07 pm  |  by  |  Published in Activism, Civil Liberties, Commentary, Constitution, Court Cases, Gun Control, Individual Responsibility, Liberty, Maven Commentary, states rights  |  1

This is very good news for gun rights fighters. The Supreme Court has accepted the case to answer the question on whether the 2nd Amendment applies, or is “incorporated”, to the states.

WASHINGTON – The Supreme Court agreed Wednesday to decide whether strict local and state gun control laws violate the Second Amendment, ensuring another high-profile battle over the rights of gun owners.

The court said it will review a lower court ruling that upheld a handgun ban in Chicago. Gun rights supporters challenged gun laws in Chicago and some suburbs immediately following the high court’s decision in June 2008 that struck down a handgun ban in the District of Columbia, a federal enclave.

The new case tests whether last year’s ruling applies as well to local and state laws.

While this is good news for hopeful gun rights activists it raises questions for die hard Constitutionalists. The dirty details of “incorporation” reveals some divisions among us. I’ve previously discussed my own thoughts on “incorporation”, but I can certainly understand the opposing viewpoint. The question came up earlier this year when the states rights argument was utilized by the anti-gun rights Senators in reference to the Thune amendment that would have permitted concealed carry reciprocity between the states.

The conventional wisdom is that the Supreme Court has a very good chance of voting in favor of 2nd Amendment incorporation. Perhaps, the more interesting thing, similar to Heller, will be what the majority opinion says at the conclusion of the case.

Responses

  1. Ken says:

    September 30th, 2009 at 4:24 pm (#)

    You are aware of my opposition to incorporation of the 2nd on to the States. Who will it really help? Incorporation will help MN, IA, KY, MD, NY & NJ. These are the only states that do not have an RKBA provision in their Declaration of Rights in their Constitutions. Will it hurt the other 45 states? Only time will tell. However, if we use the 1st & 4th as a history lesson, we are screwed! That said, like Heller, the real danger will be in the dicta.