SCOTUS to hear another Second Amendment case?
Date: Friday, June 05, 2009 @ 20:01:06 EDT
Topic: Guns

The NRA is seeking incorporation of the Second Amendment to the states:

One day after losing a major test case in an appeals court on the scope of the Second Amendment, the National Rifle Association — the nation’s leading advocate of personal gun rights — asked the Supreme Court on Wednesday to apply the Amendment to state, county and city government laws that seek to regulate firearms. The petition was announced by the NRA in this news release.; The petition will be posted as soon as it becomes available.

The NRA is challenging a ruling on Tuesday by the Seventh Circuit Court, saying it was bound by Supreme Court precedent to find that the Amendment restricts only federal laws, not those enacted by state and local government. A post discussing the Circuit Court ruling can be read here.

The Heller ruling only applied to the District of Columbia.

If this goes to the Supreme Court, I would expect them to follow the precedent set in Heller and upholding that because the Second Amendment is an individual, that it should also be incorporated to the states.


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