McDonald v. City of Chicago

[nogods]

Justice Alito authored the opinion. Reversed and remanded

[nogods]

opinion available here:

http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

[HK4U]

I think everybody is catching this this morning. I noticed Dave and RedHat posted something on this as well,

[nogods]

However, there was an important limitation in the majority opinion:

"Municipal respondents’ remaining arguments are at war with our central holding in Heller: that the Second Amendment protects a personal right to keep and beararms for lawful purposes, most notably for self-defensewithin the home.

That doesn't prevent future cases from expanding the right to self defense beyond premises, but it does give states and municipalities the ability to restrict permits to premises until a court says otherwise.

[Boomer]

, most notably for self-defensewithin the home.

I agree that caveat gave me pause. The language is vague enough to grantee it is revisited.

[seeley booth]

from what i read you can carry any where

[thedub88]

from what i read you can carry any where

wait a minute! The law hasn't been rewriten yet, so its still illegal. I read they don't expect that to happen any time soon

[GOV5]

from what i read you can carry any where

That's exactly what they said in the opinion. The right to KEEP and BEAR ARMS. The sentence "most notably in the home" means "especially" in the home, the way I interpret it.

All this print that we see about how undefining the opinion was is hilarious to me. What is more defining than the Court stating that the right to keep and bear arms is "fundamental" to the citizen?

Dailey's antics up there is a ruse to try to say how limiting the opinion was. It wasn't limiting AT ALL! And the NRA is backing him up in their statements too, by saying we still have a lot of work to do. Yeah, you sure have! You have a lot of work to do in order to justify your existence now. You see those big salaries going away, don't you!

[Ed Hamberger]

Chief Justice Roberts remanded the case of McDonald vs The City of Chicago back to the lower court to reevaluate their earlier decision based upon the SCOTUS decision this past week, so McDonald and Petioners haven't won anything yet, Thats why Mayor Charles (Al Capone) Daly and his corrupt City Counsel voted even tougher gun restrictions Friday July 2nd. In essense Daly has spit on the SCOTUS decision, and his new restrictions are now very, very unconstitutional! If we had a President from another part of country, he/she would remove Mayor Daly from office, but Obama is a part doing business "The Chicago Way".

[nogods]

The court was even more limiting in its holding than it was in the dicta:

"In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. ... We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller"

So the court held that the second amendment protects the right to possess a handgun in the home for self defense. That doesn't mean that the second amendment does not protect other rights, it just means that is the limit of this court's holding.

The Nordyke case addresses this issue head on. In Nordyke, the Ninth Circuit ruled that the second amendment applies to the states, but then ruled that a prohibition of possession of all firearms on all public was a valid restriction. The Ninth Circuit withdrew its opinion awaiting the outcome of McDonald.