When it comes to handguns, it may all come down to your state of mind, as well as the mind of your estate. At issue in this case were ordinances in Chicago and Oak Park, Illinois, which basically banned the possession of handguns.  The National Rifle Association sued arguing last year’s Supreme Court Heller case held that the Second Amendment gives individuals the right to bear arms and possess handguns in their home for self defense.  But the Seventh Circuit Court of Appeals said, “wait a minute, man” and held the Second Amendment only applies to the Federal Government and not to the states, that the Heller case involved the District of Columbia, which is a unit of the Federal Government, and states and cities can still ban handguns if they want to.  Fundamental constitutional rights are applied to the states by way of the Fourteenth Amendment.  But the Court ruled the possession of handguns is not a fundamental right.  This should head back to the Supreme Court, but in the meantime, in Chicago and Oak Park, guns and the Second Amendment have been checked at the door.

THIS IS NEIL CHAYET LOOKING AT THE LAW™

National Rifle Association of America, Inc. v. Chicago, Seventh Circuit Court of Appeals, No. 08-4241, June 2, 2009, Easterbrook, J., USLW Vol. 77, No. 47, Pg. 1752, 6-9-09

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