Gun proponents say the Second Amendment’s freshly blessed individual right already enjoys fundamental status. “The Heller decision suggests that if a case arises, the 14th Amendment would apply,” says Stephen J. Halbrook of Fairfax, Va., a veteran litigator for the NRA and one of the lawyers in the Chicago challenge. Schenck says his clients also are exploring incorporation arguments under the Ninth and 10th amendments, which reserve for the people or the states, respectively, all rights that the Con stitution does not expressly grant the federal government.
Beyond incorporation and with an ordinance so similar to the one struck down in Heller, the Chicago ban’s future could be dim. Solomon acknowledges that the city hadn’t fully considered substantive issues in the weeks immediately after the Supreme Court spoke. But she adds that the city has no plans to roll over. “I expect we will have more than one argument,” she says.
Monday, October 13, 2008
Post-Heller Gun Lawsuits
As they say, bring lawyers, guns & money...from the ABA Journal: