The U.S. Supreme Court announced that it will hear the case of McDonald v. City of Chicago, and decide whether the right to keep and bear arms secured by the Second Amendment protects Americans from overreaching state and local governments.
The Supreme Court case is of paramount importance to American citizens, to see that their constitutional rights are respected not only by the Congress, but by state and local governments.
Obama made public his clear anti-gun agenda in March 2004 in Chicago. Obama voted against Illinois Senate Bill 2165 allowing citizens the right to protect themselves and for local ordinances against handgun possession. The measure passed the Illinois Senate by a vote of 38-20 without Obama’s vote. STOP Obama’s Anti-Gun Agenda now before he can appoint any anti-gun judges.
The Second Amendment Foundation (SAF) is delighted to bring this case in cooperation with the Illinois State Rifle Association and the four local plaintiffs. We are in this fight because a gun ban is no less onerous to civil rights in Chicago than it was in the District of Columbia. Such a law cannot be allowed to stand unchallenged.
Protecting our gun rights is expensive and it’s impossible to put a price tag on. This time freedom will cost $250,000 to defend your Second Amendment rights in this challenge to the Chicago gun ban. SAF stands firmly committed to defend these rights and we are asking you to stand with us and we need your help to stop the anti-freedom extremists now!
We urgently need you to demand that all State Attorneys General file an Amicus Brief stating they agree that the individual right to keep and bear arms is protected by the Second Amendment of the United States Constitution and applies to all 50 states.
At issue is a 27-year-old Chicago law banning handguns, requiring the annual taxation of firearms, and otherwise interfering with the right of law-abiding individuals to keep guns at home for self-defense. The case was brought on behalf of four Chicago residents, the Second Amendment Foundation, and the Illinois State Rifle Association.
Last year, in the landmark case of District of Columbia v. Heller, the Supreme Court held that the Second Amendment guarantees an individual right to keep and bear arms. However, as that case concerned the actions of the District of Columbia government, a federal entity, the high court was not called upon to decide whether the right bound states and local governments. Over the years, almost the entire Bill of Rights has been held to apply to state and local governments by incorporation of the Fourteenth Amendment.
“The freedoms we enjoy as Americans are secured to us against violation by all levels of government,” noted Alan Gura, of Gura & Possessky, PLLC, lead counsel for the McDonald plaintiffs. “State and local politicians should be on notice: the Second Amendment is a normal part of the Bill of Rights, and it is coming to your town.”
Otis McDonald, a Chicago resident since 1952 who led the fight to integrate his union local in the 1960s and is a plaintiff in the case, welcomed the news.
“I am grateful the Supreme Court has agreed to hear this case,” McDonald said. “I now pray that the Court secures me and all other law-abiding citizens the right to defend ourselves and our families.”
Chicago attorney David Sigale commented, “The City of Chicago cannot take from millions of Americans the fundamental freedom of self-defense in one’s own home. We are confident the Court will stand on the side of the law-abiding citizens and the Bill of Rights.”
“We’re pleased to hear that the Supreme Court has decided to take a look at Chicago’s gun laws,” added ISRA President Don Moran. “In this time of economic uncertainty and increasing lawlessness, the good people of Chicago ought not have to choose between violating Chicago’s gun ban, and protecting themselves and their loved ones.”
The Chicago gun ban challenge will likely be among the most closely watched constitutional law cases in decades. At stake is not just the question of whether the Second Amendment secures the right to arms against state and local governments, but also the extent to which the Supreme Court preserves individual liberty against encroachment by state and local governments.
Oral argument will possibly be scheduled early this coming winter, with a decision expected by June 2010. Gura will argue the case on behalf of the McDonald plaintiffs.
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
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