State Handgun Bans Clash with US Supreme Court 2nd Amendment Ruling
In late June 2010, the US Supreme Court decided the issue of the constitutionality of whether certain people could be restricted from owning guns. In McDonald v. City of Chicago, the issue arose of whether the 2nd Amendment’s right to bear arms was applicable to state laws.
The Supreme Court held that the 2nd Amendment does in fact apply to the states. The reason for the controversy surrounding one’s right to bear arms stemmed from the City of Chicago’s ban on handguns for domestic violence offenders.
Studies have found that in instances of domestic violence where the offender possesses a handgun, the victim is more likely to be killed. Thus, Chicago instituted the ban as a preventative measure.
According to a Huffington Post story, opponents of the City’s handgun ban challenged the constitutionality of the measure, which was sent to the Chicago Federal Appeals Court. Previously, the Second Amendment right to bear arms had not applied to the states, although all American citizens had a federal constitutional right to bear arms.
The recent Supreme Court decision now may prevent states as well as cities, like Chicago, from implementing restrictions on handgun possession. In Chicago, the 7th Circuit US Court of Appeals upheld a Wisconsin man’s conviction for possession of a handgun during his probation, which breaks Chicago law.
The case will have to be re-decided and the Court of Appeals may have to reverse its decision to be compatible to that of the U.S. Supreme Court. Although 2nd Amendment provides all people still hold a constitutional right to bear arms, the law still imposes restrictions on that right and all guns must be registered in the state.
The New Jersey weapons violation attorneys at Lependorf & Silverstein have extensive experience in providing skillful legal defenses against serious weapons violations charges, such as carrying a concealed weapon, illegal sale of a weapon, unlawfully discharging a weapon, and more. If you have been charged with any serious crime, you will need aggressive legal representation. Contact our office today at 609-240-0040 for a free and confidential consultation.
