Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Legislators Will File Brief In <EM>McDonald</EM> v. <EM>Chicago</EM> Case

Friday, October 9, 2009

As we reported in last week's Grassroots Alert, the U.S. Supreme Court will soon 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 and the states across the nation.  The decision to hear the case gives hope to Second Amendment advocates across America, that this fundamental freedom will be protected from infringement throughout the nation from impermissible regulation at all levels, state and local, as well as federal. 

This week comes the news that U.S. Senators Kay Bailey Hutchison (R-Texas) and Jon Tester (D-Mont.), are joining forces with U.S. Representatives Mark Souder (R-Ind.) and Mike Ross (D-Ark.), in filing a joint, pro-Second Amendment amicus curiae (Friend of the Court) brief before the Supreme Court in the McDonald v. Chicago case. 

Last year, the historic case of District of Columbia v. Heller invalidated the District's ban on handguns.  However, the Heller case applied only to federal enclaves, such as Washington, D.C.  A favorable ruling in the McDonald case would ensure that the individual right affirmed in Heller also applied as against state and local regulation. 

Commenting on the brief, Sen. Hutchison said, "With its landmark decision in D.C. v. Heller, the Supreme Court affirmed an individual's right to bear arms is a fundamental, Constitutionally-guaranteed liberty.  The Second Amendment should protect all lawful gun owners, but some courts have not viewed this right as one protected from state infringement.  I look forward to the Supreme Court's consideration of McDonald v. City of Chicago so this extremely important Constitutional question regarding a fundamental, individual right can be settled, once and for all." 

Sen. Tester, who serves as Vice Chairman of the Congressional Sportsmen's Caucus, said, "The Second Amendment guarantees gun rights for all law-abiding Americans, no matter where they live.  I'm glad Republicans and Democrats are working together to tell the Supreme Court we expect it to stand up for our gun rights in this important case." 

Rep. Souder said, "For years, I have been an outspoken critic of Washington D.C.'s gun ban, and last year I helped lead the efforts in the House of Representatives to overturn it.  Now, as the Supreme Court prepares to hear McDonald v. City of Chicago, I am glad to join this brief in support of the Second Amendment. Constitutional rights—guaranteed to all citizens of the United States—cannot be overturned by local legislation or all rights are threatened." 

Finally, Rep. Ross said, "Banning guns will not keep guns out of the hands of criminals, but it will keep guns out of the hands of those trying to defend themselves against criminals.  The Supreme Court's recent decision in District of Columbia v. Heller affirmed the right of D.C. residents to own and bear arms and I am optimistic these same rights will be extended to the law-abiding citizens of Chicago and across the United States in McDonald v. City of Chicago.  As a pro-gun Democrat, I am a firm believer in the Second Amendment to the United States Constitution and I will continue to actively support our right to own and bear arms." 

Sens. Hutchison and Tester, and Reps. Souder and Ross authored a similar amicus brief prior to the U.S. Supreme Court hearing oral arguments in the District of Columbia v. Heller case in 2008.  In that brief, the four affirmed the view that individual rights are guaranteed by the Second Amendment, and were able to get a record number of Members of Congress—55 Senators and 250 Representatives—to sign it.
TRENDING NOW
NRA Wins Supreme Court Case, NYSRPA v. Bruen

News  

Second Amendment  

Thursday, June 23, 2022

NRA Wins Supreme Court Case, NYSRPA v. Bruen

The National Rifle Association (NRA) welcomes the Supreme Court’s decision in NYSRPA v. Bruen. The Court affirmed that the right to bear arms does not stop at a person’s front door. This is the most ...

The Dominoes Begin to Fall: NJ Amends Permit Rules After Bruen

News  

Tuesday, June 28, 2022

The Dominoes Begin to Fall: NJ Amends Permit Rules After Bruen

New Jersey’s acting Attorney General, Matthew J. Platkin, issued a directive “clarifying requirements for carrying firearms in public” a day after the historic ruling by the U.S. Supreme Court in New York State Rifle & Pistol Assoc. v. ...

California Leaks Personal Data of Carry Permit Holders

News  

Wednesday, June 29, 2022

California Leaks Personal Data of Carry Permit Holders

On Monday June 27, California Attorney General Rob Bonta announced the launch of the California Department of Justice (DOJ)’s Firearms Dashboard Portal. The data tool was designed to give granular firearm transaction and Concealed Carry Weapons (CCW) permit ...

Supreme Court Gets it Right, Congress Gets it Wrong

Friday, June 24, 2022

Supreme Court Gets it Right, Congress Gets it Wrong

On Thursday, SCOTUS released a historic decision in the NYSRPA v. Bruen case when they found the Second Amendment protects the right of law-abiding Americans to carry a firearm outside of the home. Despite the hysteria from ...

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

News  

Tuesday, June 21, 2022

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

At present, federal law generally bars anyone who is convicted in any court for a domestic violence felony, or any felony for that matter, from possessing firearms. But federal law also imposes a lifetime firearm possession prohibition on ...

New Jersey: Chaos Reigns Supreme In Trenton

Friday, June 24, 2022

New Jersey: Chaos Reigns Supreme In Trenton

Trenton Democrats desperately want to pass something, anything. They just are not sure what. So far, their approach has been to throw everything at the wall and see what sticks. Make no mistake, Gov. Phil Murphy loaded ...

Treachery! White House Moves to Strangle U.S. Ammunition Supply

News  

Thursday, June 16, 2022

Treachery! White House Moves to Strangle U.S. Ammunition Supply

Last night, news broke that the Biden Administration is taking behind-the-scenes steps to further strangle the already constricted market for ammunition in the United States. The move could result in a reduction of the commercial production ...

Juvenile Records for Background Checks: An Issue That Should Provoke Caution, Skepticism

News  

Monday, June 20, 2022

Juvenile Records for Background Checks: An Issue That Should Provoke Caution, Skepticism

As Senate negotiators continue work on fine-tuning concepts for a gun control “framework” announced last week, one issue that has received surprisingly little attention is the potential inclusion of juvenile records in federal firearm background checks.

California: Legislature Ignores SCOTUS and Continues to Push Gun Control

Monday, June 27, 2022

California: Legislature Ignores SCOTUS and Continues to Push Gun Control

Last week, the United States Supreme Court handed down a huge victory for gun owners, confirming what has been known all along: that the 2nd Amendment is not a second class right and should not be treated ...

New Hampshire: Gov. Sununu Signs ATV Carry

Tuesday, June 21, 2022

New Hampshire: Gov. Sununu Signs ATV Carry

NRA applauds Governor Sununu for signing House Bill 1636 into law. This NRA-backed legislation allows individuals to carry a loaded firearm on an OHRV or snowmobile in the Granite State. NRA would like to thank ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.