Gun Control
Wednesday, March 3, 2010 at 11:20AM
Lew Clarke

Yesterday (Tuesday, March 2), the US Supreme Court heard arguments on the constitutionality of the City of Chicago's ordinance banning the ownership of hand guns. The indications seem to be that the Court will declare the ordinance unconstitutional. As most of you know, the Court has held unconstitutional the District of Columbia's ban on hand gun ownership - but D.C. is a federal jurisdiction. The question before the Court now is whether the second amendment is binding on the states through operation of the 14th. amendment? The indications are that the Court will hold that it is and declare the Chicago measure unconstitutional.

 

If the Chicago ordinance banning hand guns outright is struck down, the next question will become: how far can the states or local municipalities go in regulating hand guns? I would anticipate more litigation involving limits on hand guns until the courts come down with further guidelines. For instance, how will the so called "open carry" provisions fare?

Article originally appeared on Lew Clarke Attorney At Law (http://lewclarke.squarespace.com/).
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