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 Supreme Court Heard Case on Gun Ownership S H6

March 3, 2010

Colleagues,

Yesterday the Supreme Court heard arguments in a case which would overturn state bans on gun ownership. NCISS submitted an amicus curiae brief in a 2008 case, District of Columbia v Heller that found that the “right to keep and bear arms” in the second amendment applies to individuals. That case, however, applied only to the Federal government and jurisdictions it controls, including Washington, DC. The nation’s capital had effectively banned ownership of handguns. The NCISS brief supported the individual right to own handguns. A large percentage of NCISS members are gun owners and lawfully carry weapons for personal protection and as a condition of employment.

The case heard yesterday in the Supreme Court, McDonald v. Chicago, would apply the same rights of gun ownership in states and localities. Many legal observers expect the court to find that the right extends to states and localities.

The constitutional issue is whether the second amendment applies to states. The Bill of Rights (first 10 amendments) originally applied only to the federal government. After the Civil War, the 14th amendment was adopted to provide that states could not deny due process to citizens and must extend “privileges and immunities” to citizens. Since adoption of the amendment, the court has decided that several of the protections of first 10 amendments applied to the states. They are deciding if the second amendment is one of them.

The Washington Post ran a good explanation of the constitutional issues yesterday. The link is below:

http://www.washingtonpost.com/wp-dyn/content/article/2010/02/28/AR2010022803985.html

Jimmie Mesis
NCISS Legislative Chairman

NCISS
7501 Sparrows Point Blvd.
Baltimore, Maryland 21219-1927
(800) 445-8408 . Fax: (410) 388-9746
Email: jim@nciss.org

 

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