Advanced Search  |  Sitemap  |  Contact Us
  
 

FOLLOW US

Subscription required for full online access

Current subscribers to the Buffalo Law Journal, click here to create an account for full online access.

Not a subscriber? Click here to see subscription options. Questions about your online access? Call us at 716-541-1650.

Bizjournals Legal News

Curtis Carlson Nelson will stay millions in debt Thu, 09 Feb 2012 13:21:40 +0000
Tea party gets behind Arpaio in Obama fight Thu, 09 Feb 2012 12:59:21 +0000
Tampa firm wins $900M nursing home verdict Thu, 09 Feb 2012 11:58:35 +0000

Google Legal News

Featured News - Current News - Archived News - News Categories

Court looking at reach of Second Amendment

Mon, Mar 8th 2010 12:00 am
By MARK SHERMAN
Associated Press

WASHINGTON - The Supreme Court appeared willing Tuesday to say that the Constitution's right to possess guns limits state and local regulation of firearms. But the justices also suggested that some gun-control measures might not be affected.

The court heard arguments in a case that challenges handgun bans in the Chicago area by asking the high court to extend to state and local jurisdictions the sweep of its 2008 decision striking down a gun ban in the federal enclave of Washington, D.C.

The biggest questions seemed to be how, rather than whether, to issue such a ruling and whether some regulation of firearms could survive. On the latter point, Hon. Antonin Scalia said the majority opinion he wrote in the 2008 case "said as much."

The extent of gun rights is "still going to be subject to the political process," said Chief Justice Hon. John Roberts, who was in the majority in 2008.

Tuesday's argument suggested that courts could be busy in the years ahead determining which gun laws are allowed under the Second Amendment's "right to keep and bear arms," and which must be stricken.

James Feldman, a lawyer representing Chicago, urged the court to reject the challenges to the gun laws in Chicago and its suburb of Oak Park, Ill. Handguns have been banned in those two places for nearly 30 years.

The court has held that most of the rest of the Bill of Rights applies to state and local laws. But Feldman said the Second Amendment should be treated differently because guns are different. "Firearms are designed to injure and kill," he said.

But Feldman ran into difficulty with some of the five justices who formed the majority in 2008. Hon. Anthony Kennedy, who joined Scalia's opinion two years ago, said it seemed to him that Feldman was arguing that the court got it wrong two years ago.

Of the other two justices in the majority then, Hon. Samuel Alito also appeared to agree that the Second Amendment should be extended to state and local laws, and Hon. Clarence Thomas said nothing, as is his custom during argument.