"I was in the courtroom on Tuesday for the Supreme Court argument [PDF file] in McDonald v. City of Chicago, in which the Court is considering whether the new Second Amendment right, created two years ago in District of Columbia v. Heller, is incorporated under the Fourteenth Amendment as a constraint on state and local gun control laws. Unsurprisingly, the same five justices who formed the Heller majority and voted to strike down the District of Columbia's handgun ban, now seem poised to vote for incorporation and strike down Chicago's handgun ban. Although this will be hailed by the gun lobby as a victory, there was much about Tuesday's argument suggesting it could eventually prove to be a hollow victory indeed.
What's your opinion? Does it make sense what he says?
The argument in McDonald gives hope that the McDonald majority, even if it strikes down Chicago's handgun ban, will amplify the Heller message that the Second Amendment erects no constitutional barrier to reasonable laws – at any level of government - to make it harder for dangerous people to obtain dangerous weapons. The gun lobby will be displeased, but the American people will have dodged a constitutional bullet."
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