| | |  Editorials | Issues 
US Supreme Court Might Ignite New Battle in Gun Control War
 Doug Thompson - Capitol Hill Blue
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February 27, 2010
| | The court will soon decide whether or not the Second Amendment applies to states as well as the federal government. | |
Lock and load... the Supreme Court will weigh in soon with a gun ruling that could open he door for more gun control by states and localities or it could slam it shut in the faces of advocates for stricter legislation.
The court will soon decide whether or not the Second Amendment used by gun fanciers as the quid pro quo for packing heat applies to states as well as the federal government.
Some Constitutional scholars believe it does.
The court is considering a case that could strike down handgun bans in Chicago and suburban Oak Park as part of a decision on whether or not the full Bill of Rights applies as much to state and local law as it does in federal cases.
On the surface, applying the Second Amendment and the Bill of Rights to state and local government would appear to be a clear victory for gun advocates but the gun-control crowd thinks a ruling could also allow state and local government to enact tougher laws.
Gun control opponents, of course, argue just the opposite.
At issue is the due process clause of the 14th amendment which says, in part, that no state shall create or enforce any law that curtails the privileges or immunities of citizens of the United States. The amendment also states that no state shall deprive any person of life, liberty or property without due process of law.
The National Rife Association says the 14th Amendment reaffirms the rights of the Second Amendment. Those who disagree says the 14th Amendment also prohibits the states from doing things like legalizing guns that others can use to deprive a person of life or liberty.
Both sides are keeping their powder dry and waiting for the courts decision. |
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