Monday, June 28, 2010

Supreme Court extends right to bear arms to localities and states, ruling for National Rifle Association against Chicago

A divided U.S. Supreme Court extended the reach of the constitutional right to bear arms by saying it binds state and local governments as well as federal officials.

The justices, voting 5-4 in a case involving Chicago’s handgun ban, said an individual right to bear arms was among the fundamental guarantees protected against state interference through a constitutional amendment after the Civil War.

“A provision in the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the federal government and the states,” Justice Samuel Alito wrote for the court.

The ruling broadens the sweep of the court’s 2008 ruling interpreting the Constitution’s Second Amendment as protecting the rights of individuals, rather than just those of state-run militias. It’s a victory for the National Rifle Association, which joined a group of Chicago residents in challenging the city’s laws.

It will open a new front in the fight over gun rights, setting the stage for courtroom battles over the constitutionality of weapons restrictions around the country.

The high court’s 2008 decision said the right to bear arms “is not unlimited.” The majority said the ruling didn’t cast doubt on laws barring handgun possession by convicted felons and the mentally ill or restrictions on bringing guns into schools or government buildings.

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