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Monday, March 1, 2010

Chicago Handgun Ban at Supreme Court

Chicago's handgun ban will go in front of the Supreme Court tomorrow.

The battle over the meaning of the Second Amendment returns to the Supreme Court Tuesday when the justices hear a case that is a follow-up to their historic
ruling in 2008 that individuals have a Constitutional right to keep and bear arms. On Sunday, Fox's Shannon Bream spoke with a couple of key figures in the gun rights debate: lawyer Alan Gura and Dennis Henigan of the Brady Center to Prevent Gun Violence. Gura argued and won D.C. v. Heller two years ago and will appear before the Court Tuesday.

Even though the Supreme Court ruled two years ago that the Second Amendment protects an individual's right to keep and bear arms, that historic ruling overturning a Washington D.C. gun ban doesn't apply to the 50 states. On Tuesday, the justices will be asked to do just that. The legal term is called "incorporation" but all that means is extending the federal protections of the Bill of Rights--including the Second Amendment--to the states. The case challenges Chicago's restrictive gun law. Dozens of groups have added their voices to the case including the National Rifle Association and the Educational Fund to Stop Gun Violence.

With the Heller decision, all other municipal bans have been put into focus including Chicago. The city of Chicago, local all other municipalities, argue that Heller was a federal decision and doesn't apply to municipalities. That is the expectation and it would uphold the second amendment as an individual right to own guns.

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