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Old 10-10-2009, 03:21 PM   #1 (permalink)
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Legislators Will File Brief In McDonald v. Chicago Case

The case will address the application of the Second Amendment to the states through either the Due Process clause or the Privileges or Immunities clause of the Fourteenth Amendment. The case has major implications for the legality of restrictive gun laws not only in Chicago, but also in other cities and the states across the nation. The decision to hear the case gives hope to Second Amendment advocates across America, that this fundamental freedom will be protected from infringement throughout the nation from impermissible regulation at all levels, state and local, as well as federal.

This week comes the news that U.S. Senators Kay Bailey Hutchison (R-Texas) and Jon Tester (D-Mont.), are joining forces with U.S. Representatives Mark Souder (R-Ind.) and Mike Ross (D-Ark.), in filing a joint, pro-Second Amendment amicus curiae (Friend of the Court) brief before the Supreme Court in the McDonald v. Chicago case.

Last year, the historic case of District of Columbia v. Heller invalidated the District's ban on handguns. However, the Heller case applied only to federal enclaves, such as Washington, D.C. A favorable ruling in the McDonald case would ensure that the individual right affirmed in Heller also applied as against state and local regulation. full story
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