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Supreme Court to Hear Monumental Second Amendment Case: <I>McDonald</I> v. <I>Chicago</I>

Friday, October 2, 2009

NRA applauds the Supreme Court's recent decision to hear the landmark Second Amendment case of McDonald v. Chicago.  The case will address the application of the Second Amendment to the states through either the Due Process clause or the Privileges or Immunities clause of the Fourteenth Amendment.  The case has major implications for the legality of restrictive gun laws not only in Chicago, but also in other cities across the United States.  The decision to hear the case, which will be argued early next year, gives Second Amendment advocates across America hope that this fundamental freedom will not be infringed by unreasonable state and local laws. 

"The Second Amendment applies to every citizen, not just to those living in federal enclaves like Washington, D.C.  In the historic Heller decision, the Supreme Court reaffirmed what most Americans have known all alongthat the Second Amendment protects an individual right and that it applies to all Americans.  The government should respect the Second Amendment rights of law-abiding citizens throughout our country, regardless of where they live, and NRA is determined to make sure that happens," said NRA Executive Vice President Wayne LaPierre. 

In the June ruling that the Supreme Court will now review, the U.S. Court of Appeals for the Seventh Circuit held that the Second Amendment does not apply to state and local governments.  That opinion left in place the current ban on the possession of handguns in Chicago. 

However, the Seventh Circuit incorrectly claimed it was bound by precedent from 19th-century Supreme Court decisions in failing to incorporate the Second Amendment.  Many legal scholars believe that the Seventh Circuit should have followed the lead of the earlier Ninth Circuit panel decision in Nordyke v. Alameda County, which found that those cases don't prevent the Second Amendment from applying to the states through the Due Process clause of the Fourteenth Amendment.  To the contrary, a proper incorporation analysis supports application of the Second Amendment to the States. 

"It is an injustice that the residents of Chicago continue to have their Second Amendment rights denied," said NRA-ILA Executive Director Chris W. Cox.  "It's time that the fundamental right of self-defense is respected by every jurisdiction throughout the country.  It is our hope that the Supreme Court will find, once and for all, that all law-abiding Americans have the God-given, constitutionally-protected right of self-defense, no matter what city, county or state they call home."
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“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

News  

Tuesday, January 19, 2021

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

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NRA Dumps New York to Reincorporate in Texas, Announces New Strategic Plan

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Friday, January 15, 2021

NRA Dumps New York to Reincorporate in Texas, Announces New Strategic Plan

Today, the NRA announced a restructuring plan that positions us for the long-term and ensures our continued success as the nation’s leading advocate for constitutional freedom – free from the toxic political environment of New ...

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

News  

Thursday, January 7, 2021

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

President-elect Joe Biden announced he will nominate U.S. Court of Appeals for the District of Columbia Circuit Judge Merrick Garland for Attorney General. Biden’s choice of a noted Second Amendment opponent to lead the Department ...

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Tuesday, November 10, 2020

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Although the 2021 session of the Texas Legislature convenes on January 12, gun control advocates financed by New York billionaire Michael Bloomberg and Beto "Hell Yeah, I'll Take Your Guns" O'Rourke wasted no time in announcing their ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Double-Standard: Virginia Eliminates Online Carry Courses While Promoting Distancing for Everything Else

News  

Tuesday, January 19, 2021

Double-Standard: Virginia Eliminates Online Carry Courses While Promoting Distancing for Everything Else

As part of Virginia Gov. Ralph Northam and the General Assembly’s sweeping attack on gun rights in 2020, anti-gun lawmakers enacted legislation that made it more difficult for gun owners to obtain the required training ...

Montana: House Passes Permitless Carry Legislation

Friday, January 15, 2021

Montana: House Passes Permitless Carry Legislation

Yesterday, the Montana House passed self-defense legislation, House Bill 102, by a 66 to 31 vote. 

Mississippi: Senate Judiciary Committee Scheduled to Vote on Preemption Legislation Tomorrow

Monday, January 18, 2021

Mississippi: Senate Judiciary Committee Scheduled to Vote on Preemption Legislation Tomorrow

Tomorrow, Senate Judiciary B Committee will take up preemption legislation, Senate Bill 2107

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.