Supreme Court Rules That Gun Rights Apply to Local Laws

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Supreme Court Rules That Gun Rights Apply to Local Laws
By ADAM LIPTAK
WASHINGTON — The Second Amendment’s guarantee of an individual right to bear arms applies to state and local gun control laws, the Supreme Court ruled on Monday in a 5-to-4 decision.

The ruling came almost exactly two years after the court first ruled that the Second Amendment protects an individual right to own guns in District of Columbia v. Heller, another 5-to-4 decision.

But the Heller case addressed only federal laws; it left open the question of whether Second Amendment rights protect gun owners from overreaching by state and local governments.

The ruling is an enormous symbolic victory for supporters of gun rights, but its short-term practical impact is unclear. As in the Heller decision, the justices left for another day the question of just what kinds of gun control laws can be reconciled with Second Amendment protection.

The majority said only that the right to keep handguns for self-protection at home is constitutionally protected. Justice Samuel A. Alito Jr., writing for the majority, reiterated the caveats in the Heller decision, saying the court did not mean to cast doubt on laws prohibiting possession of guns by felons or the mentally ill, those forbidding carrying guns in sensitive places like schools and government buildings or those regulating the commercial sale of firearms.

Justice Alito, joined by Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Anthony M. Kennedy, said that the Second Amendment, like other provisions of the Bill of Rights guaranteeing fundamental rights, must be applied to the states under the 14th Amendment.

Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor dissented. They said that the Heller decision remained incorrect and added that they would not have extended its protections to state and local laws even if it had been correctly decided.

Though the majority agreed on the outcome, its members differed about how to get there.

The Second Amendment, like the rest of the Bill of Rights, originally restricted only the power of the federal government. The Supreme Court later ruled that most but not all of its protections applied to the states under the due process clause of the 14th Amendment, one of the post-Civil War amendments.

Many constitutional scholars across the ideological spectrum had hoped that the court would used Monday’s case, McDonald v. Chicago, No. 08-1521, to revise its approach to how constitutional protections are applied to, or “incorporated against,” the states.

They argued that the court should instead rely not on the due process clause but on the 14th Amendment’s “privileges or immunities” clause, which says that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” There is evidence that the authors of the clause specifically wanted it to apply to allow freed slaves to have guns to defend themselves.

But only Justice Thomas signed on for that project.

[Smittie61984]

Sucks for the Chicago criminals.