Wednesday, October 14, 2009

Weapons: Are local gun bans unconstitutional?

Are local gun bans unconstitutional?

By Ben Boychuk and Joel Mathis • October 12, 2009

The U.S. Supreme Court returned from summer recess on Oct. 5 with a docket full of controversial cases. Among the most controversial is McDonald v. City of Chicago, which raises the question of whether an individual's right to own guns for self-defense covers states and cities with gun-control laws.

The high court last year affirmed the right to own guns for self-defense when it struck down the District of Columbia's decades-old handgun ban. But a federal court of appeals ruled earlier this year that the 2008 decision has no bearing on Chicago's law. Also at issue is whether the Second Amendment applies to the states under the doctrine of "incorporation," in which the Supreme Court has used the due process clause of the 14th Amendment to extend the Bill of Rights' guarantees to the states.

Is it time for the Supreme Court to affirm the individual right to own guns? Or should cities have the power to ban guns in order to fight crime? RedBlueAmerica columnists Ben Boychuk and Joel Mathis take aim at the question.

[Full Article @ delmarvanow.com]

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