On November 16, the Second Amendment Foundation filed a brief in the U.S. Supreme Court case of McDonald v. Chicago, challenging the constitutionality of the city’s ban on handguns.
“The brief really is aimed more at the center left of the court, because I believe we’ve got the political right of the court on our side based on the Heller decision,” said Alan Gottlieb, founder of the Second Amendment Foundation. “I think our brief at minimum will make some of the liberals a little uncomfortable, because, while they may not be for guns, they’re for rights -- and what we’re looking to do is really expand the Bill of Rights in general in its interpretation as it’s applied to the states.”
In last year’s District of Columbia v. Heller case, the Supreme Court ruled 5-4 in favor of gun rights as they relate to the federal government. This time around, the Court will be ruling on whether or not state and local governments have the right to enforce strict gun control laws and bans.
“The case is important in a couple of areas. One in particular, of course, is the Supreme Court ruling in Heller, recognizing the Second Amendment as an individual right only applied to the federal government. In order to make the Second Amendment apply to the whole country, this McDonald case is extremely important,” Gottlieb said. “Not only would it wipe out the Chicago gun ban; it would knock out a bunch of other laws as well.”
The McDonald case brings up the question of whether or not the right to keep and bear arms can be applied to the states through the 14th Amendment.
“We’re giving the courts an opportunity here to revisit the privileges and amenities clause of the 14th Amendment,” Gottlieb said. “Based on the number of justices that have made comments that the 14th should be revisited, we’re giving them a chance to do that, which could make this case one of the most important cases in constitution law history.”
In the city of Chicago, gun rights advocates are angered by the level of local government intrusion. Guns need to be re-registered every year, there is a tax on individual gun owners, and handgun ownership within the city is banned.
“One of the things that Chicago has that a number of places have as well is the re-registration scheme, where you have to re-register your gun every year,” Gottlieb said. “In Chicago’s case, it’s on long guns -- and. if you don’t get it registered in the time period, the gun becomes contraband. Laws like that we feel should be taken down, and we believe the court’s ruling will allow us to do that.”
Attorney Alan Gura, who successfully argued the landmark Heller case before the high court in 2008, will be lead attorney for McDonald v. Chicago as well.
“I really believe we are going to win,” Gottlieb said. “My firm belief is that the Court would have never taken this case if they didn’t want to reverse what’s out there now.”
