In a ruling even more definitive than 2008's Heller vs. US case, the Supreme Court has struck down Chicago's long-time ban on private ownership of handguns in a wide-reaching decision which decisively settles the issue of whether the Second Amendment is a universal protection of individual rights against infringement by state and local governments.
The decision was made on the basis of the due process clause of the 14th Amendment, which extends the protections of the Bill of Rights to all citizens and against infringement by all levels of government. There has been an ongoing push to treat the 2nd Amendment as different from the other parts of the Bill of Rights, as applying to states or militias rather than individuals. This ruling may finally put that skewed viewpoint to rest.
Once again, the justices made the constitutional position on this issue absolutely clear, writing:
"Self-defense is a basic right, recognized by many legal systems from ancient times to the present…The need for defense of self, family and property is most acute in the home…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."
Meanwhile, Chicago's government continues to labor under the delusion that taking away gun rights can magically make people safer and Mayor Daley announced that his administration is "working to rewrite our ordinance in a reasonable and responsible way to protect Second Amendment rights and protect Chicagoans from gun violence." They may move to restrict gun rights instead of an outright ban, falling back on draconian licensing rules and restrictions of the buying and selling of guns, guaranteeing more business for the Supreme Court in the future.Powered by Sidelines