The decision under review, from the Court of Appeals for the Seventh Circuit, concerns firearms ordinances of two Illinois municipalities, Chicago and Oak Park, that effectively ban the private possession of handguns and unreasonably burden the possession of all firearms. There is no question that, under this Court’s decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), the categorical ban on handguns, at a minimum, would run afoul of the Second Amendment to the United States Constitution were it enacted by the Federal government or the District of Columbia. The question presented by this case is whether the Constitution also prevents State and local governments from infringing the right to keep and bear arms. For the reasons given herein and in the brief submitted by Petitioners, the answer must be yes. The Court should find either that the Second Amendment is incorporated into the Due Process Clause of the Fourteenth Amendment, or that the right to keep and bear arms is a privilege or immunity of citizens of the United States.
Stephan P. Halbrook, et. al.
November 16, 2009
Brief for respondents the National Rifle Association of America, Inc. et al. in support of petitioners, page 1.
[The Apex of the Triangle of Death is on the victory train leaving from Chicago.