theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

News

Supreme Court to decide if local gun laws violate 2nd Amendment

by theGrio | September 30, 2009 at 4:49 PM
Comments
Print
sc2.jpg

Related Posts

  • Justices extend gun owner rights nationwide
  • Supreme Court 'activism' is in the eye of the beholder
  • What exactly Obama is proposing on gun control
  • Eric Holder wants Voting Rights Act provision upheld by Supreme Court
  • Gun rights advocates rally in nation's capital

WASHINGTON (AP) — The Supreme Court agreed Wednesday to decide whether strict local and state gun control laws violate the Second Amendment, ensuring another high-profile battle over the rights of gun owners.

The court said it will review a lower court ruling that upheld a handgun ban in Chicago. Gun rights supporters challenged gun laws in Chicago and some suburbs immediately following the high court’s decision in June 2008 that struck down a handgun ban in the District of Columbia, a federal enclave.

The new case tests whether last year’s ruling applies as well to local and state laws.

The 7th U.S. Circuit Court of Appeals upheld ordinances barring the ownership of handguns in most cases in Chicago and suburban Oak Park, Ill.

Judge Frank Easterbrook, an appointee of President Ronald Reagan, said that “the Constitution establishes a federal republic where local differences are to be cherished as elements of liberty rather than extirpated in order to produce a single, nationally applicable rule.”

“Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon,” Easterbrook wrote.

Evaluating arguments over the extension of the Second Amendment is a job “for the justices rather than a court of appeals,” he said.

The high court took his suggestion Wednesday.

Justice Sonia Sotomayor, then an appeals court judge, was part of a three-judge panel in New York that reached a similar conclusion in January.

Judges on both courts — Republican nominees in Chicago and Democratic nominees in New York — said only the Supreme Court could decide whether to extend last year’s ruling throughout the country. Many, but not all, of the constitutional protections in the Bill of Rights have been applied to cities and states.

The New York ruling also has been challenged, but the court did not act on it Wednesday. Sotomayor would have to sit out any case involving decisions she was part of on the appeals court. Although the issue is the same in the Chicago case, there is no ethical bar to her participation in its consideration by the Supreme Court.

Several Republican senators cited the Sotomayor gun ruling, as well as her reticence on the topic at her confirmation hearing, in explaining their decision to oppose her confirmation to the high court.

The case will be argued next year.

The case is McDonald v. Chicago, 08-1521.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

  • Chicago_night.jpg
    Next Story:

    Chicago lives behind a veil of violence

  • kid.jpg
    Previous Story:

    6-year-old boy pleaded for his life; details emerge from trial

Filed in: News, Top Stories | Related Topics: Chicago, Constitution, Gun, Second Amendment, Supreme Court
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • Chief Keef threatens to slap Katy Perry via Twitter Chief Keef threatens to slap Katy Perry via Twitter
    • Warrant for rapper Tim Dog, despite death reports Warrant for rapper Tim Dog, despite death reports
    • Pa. woman convicted in fiance’s wedding day death Pa. woman convicted in fiance’s wedding day death
    • Mayoral candidate ‘endorsed by Jesus’ finishes last Mayoral candidate ‘endorsed by Jesus’ finishes last
    • First lady: ‘I have failed at things’
    • Is hip-hop finally over molly?
    • 4 boss moves to make during Memorial Day weekend
    • Stop and Frisk report: Whites stopped more likely have weapons than blacks
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • Transportation Secretary nominee, Charlotte, N.C. Mayor Anthony Foxx testifies on Capitol Hill in Washington, Wednesday, May 22, 2013, before the Senate Commerce, Science and Transportation Committee hearing on his nomination. (AP Photo/Manuel Balce Ceneta)

    Anthony Foxx receives warm reception from senators

  • Obama cites new framework for terror war

  • Obama's 1979 prom photo, yearbook note to 'foxy' friend unearthed

  • Are the Obamas too critical of black Americans?

» Read More in Politics

Business

  • An elderly black couple. © poco_bw – Fotolia.com

    Black Americans retiring earlier, with less savings

  • BlackStartup.com seeks to uplift black businesses

  • Payday loans: A debt trap in disguise

  • Tiger Woods makes a comeback on the course, and in video game sales

» Read More in Business

Living

  • mcdonalds_lottery 1x9

    McDonald's can't shake criticism about nutrition

  • Beyoncé and Rent The Runway launch 'The Beyoncé Boutique'

  • Homeless teen graduates as valedictorian of high school class

  • Memorial Day staycation hotspots!

» Read More in Living

Inspiration

  • Television journalist Robin Roberts poses with her Peabody at the 72nd Annual Peabody Awards at the Waldorf-Astoria on Monday, May 20, 2013 in New York. (Photo by Evan Agostini/Invision/AP)

    Robin Roberts to write memoir about illness

  • Charlotte remembers 1963 desegregation 'eat-in'

  • Tornado survivor saved by teacher

  • Obama speech makes Morehouse grads 'proud'

» Read More in Inspiration

Entertainment

  • Kanye West  (Photo by Pascal Le Segretain/Getty Images)

    The top 5 rap lyrics of the week

  • UK rapper live tweets London knife attack

  • Darius Rucker rides 'Wagon Wheel' to top of charts

  • Janet Jackson officially hits billionaire status

» Read More in Entertainment

News

  • ST LOUIS, MO - SEPTEMBER 16: Quarterback Robert Griffin III #10 of the Washington Redskins watches from the sidelines during the game against the St. Louis Rams at Edward Jones Dome on September 16, 2012 in St Louis, Missouri. (Photo by Jamie Squire/Getty Images)

    Robert Griffin III still aiming for Redskins' opener

  • UCLA awarded $10M grant to study autism in African-Americans

  • Chinua Achebe honored in Nigeria funeral

  • Zimmerman wants Trayvon's pot use referenced

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP