In a bold and unexpected move this morning, the United States Supreme Court issued an opinion today incorporating the Second Amendment Right to Bear Arms into those Rights which are applied to the states. What this means for the City of Chicago is that its attempt to ban handguns is now invalid. (For detailed background, see NWI Lawyer article, “UPDATE: Supreme Court Hears Oral Arguments on Chicago Gun Ban” “U.S. Supreme Court to Hear Second Amendment Oral Arguments Tomorrow: Fate for Chicago Gun Law Uncertain”) (READ THE FULL TEXT OF THE OPINION HERE)
In order to decide whether the Fourteenth Amendment’s Due Process Clause applies the Second Amendment Right to Bear Arms to the States, the Court had to consider whether the right to keep and bear arms is “fundamental to our scheme of ordered liberty.” In support of its conclusion that the Right to Bear Arms IS incorporated into the Bill of Rights, and therefore, that it SHOULD apply to the states, the Court reasoned, inter alia:
Self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and…self-defense is “the central component” of the Second Amendment right.
“[T]he need for defense of self, family, and property is most acute” in the home, ibid., we found that this right applies to handguns because they are “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family…”
[T]he American people have considered the handgun to be the quintessential self-defense weapon”). Thus, we concluded, citizens must be permitted “to use [handguns] for the core lawful purpose of self-defense.
In conclusion, the Court reversed the decision of the Seventh Circuit Court of Appeals stating that Chicago’s gun ban did not violate the Constitution and struck down the law. It also remanded the case back down to the trial court to decide the issues based on the new interpretation. One thing is clear: cities cannot outright ban handguns. What is less clear is what they are able to do around the margins. Thoughts, Northwest Indiana?