Hot Topic (10/7): Should handguns be banned? Do you have a gun?
By MARK SHERMAN (AP) - 6 days ago
WASHINGTON - The Supreme Court agreed Wednesday to decide whether strict local and state gun control laws violate the Second Amendment, ensuring another high-profile battle over the rights of gun owners.
The court said it will review a lower court ruling that upheld a handgun ban in Chicago. Gun rights supporters challenged gun laws in Chicago and some suburbs immediately following the high court's decision in June 2008 that struck down a handgun ban in the District of Columbia, a federal enclave.
The new case tests whether last year's ruling applies as well to local and state laws.
The 7th U.S. Circuit Court of Appeals upheld ordinances barring the ownership of handguns in most cases in Chicago and suburban Oak Park, Ill.
Judge Frank Easterbrook, an appointee of President Ronald Reagan, said that "the Constitution establishes a federal republic where local differences are to be cherished as elements of liberty rather than extirpated in order to produce a single, nationally applicable rule."
"Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon," Easterbrook wrote.
Evaluating arguments over the extension of the Second Amendment is a job "for the justices rather than a court of appeals," he said.
The high court took his suggestion Wednesday.
Justice Sonia Sotomayor, then an appeals court judge, was part of a three-judge panel in New York that reached a similar conclusion in January.
Judges on both courts - Republican nominees in Chicago and Democratic nominees in New York - said only the Supreme Court could decide whether to extend last year's ruling throughout the country. Many, but not all, of the constitutional protections in the Bill of Rights have been applied to cities and states.
The New York ruling also has been challenged, but the court did not act on it Wednesday. Sotomayor would have to sit out any case involving decisions she was part of on the appeals court. Although the issue is the same in the Chicago case, there is no ethical bar to her participation in its consideration by the Supreme Court.
Several Republican senators cited the Sotomayor gun ruling, as well as her reticence on the topic at her confirmation hearing, in explaining their decision to oppose her confirmation to the high court.
The case will be argued next year.
The case is McDonald v. Chicago, 08-1521.
Copyright © 2009 The Associated Press. All rights reserved.
* * *
Do you support a ban on handguns?
Do you think the government has a right to ban firearms?
Hell No and x 2 No . The government is trying everything in it's power to try to find a way to take away our firearms .1 ban here 1 ban there then poof there all gone.I am not a criminal I have never misused my firearms and I think they should be more worried about the criminals that posses them than the ones who don't.I will not give up my firearms. Iuse them for protection from wildlife and criminals as well as feeding my family.I will not give that ability up. I don't think any law abiding citizen should have to.
I am very proud cheerleading , Volleyball, 4-H, and honor Roll Mom.I am also strict, old fashioned ,and hard headed. I am a gun toting , Southern Baptist, Non- Obama Supporting, Trace Adkins, Toby Keith loving Redneck Women.
Do you support a ban on handguns?
No, it is unconstitutional. We have the right to own guns.
Do you think the government has a right to ban firearms?
absolutely NO way! They do not have the right!!
I personally do not have guns in my house. My 8 year old is autistic and I don't think I could teach gun safety well enough to protect him, so we will not have one in the house.
BUT I should have the right to. Banning guns only keeps them out of the hands of law abiding citizens, criminals can get them anyway. I mean really, they have a ban in Chicago, do they still have crime involving guns?
Check out Jacob's jouney on my home page!
This is ridiculous why take away something that we have a right to own. Government is getting too involved in our personal lives. I mean we pay taxes on stuff we own every year just for living on it. But if you say your against this they say you are an activist so why do they need to be in our business all the time...
I am on the fence regarding the whole gun issue...Personally for my family we have no use for guns. I was not raised around guns nor was my husband. I have extended family who hunt so I have no issue with their gun ownership. I have a son who is in the USCG and has actually killed a drug smuggler in self defense. I know the power of a hand gun. I have also come across the guy who has to show off his lack of a real manliness by bragging about his guns, can't stand men like that. They don't appreciate the power of a gun just think they are cool. Hand guns serve a purpose but many gun owners abuse the right of ownership. I wish more could be done about the stupid gun owner
Grammie6
This post is funny to me because just yesterday I went to get my lifetime handgun permit...I don't own one but heard they were gonna take that right away and wanted to get it in before the laws change strict. Bad people steal guns and have them to do harm...I drive alone with my kids in some bad areas to get to doctors or lawyers..feeling not so safe. In the consitiution didn't someone tell me they gave people coming out of jail a horse and a gun back in the olden days? People need to have the chance to protect and defend their family if bad people come into your home or car with deadly force...what would this world be like if only bad people had guns?!? I'm in Indiana and all states are different but I heard in November the lifetime permit will be taken away...If this happens even though I don't have a gun in safe to me to know I have that option. America is the land of the free...does it feel like that anymore to you? Not me, it seems like there shouldn't be that constitution if it's been ammended and changed all the time.
I have a handgun, and we have several guns in our home as well. We love and respect guns. We are not criminals. I don't think guns should be outlawed. The fact is, that even if they try to take our guns away, the criminals can still get them, and will still get them. They have ways of getting them underground, and on the black market. Then we will have no defense against these people. Guns are not bad. It's the people that use them improperly that are bad!!!
The laws are so screwy. I'm in MA. I own, and have had a license to carry concealed for 21 years now. Every time you move, you are supposed to go to your new police department and make them aware that you are bringing a gun into their town, and that you have your license. I've always done this. When I moved back from RI after living there for a few years, I had to do a state transfer. I have a felony conviction, but because they don't use "due diligence" I have never had a problem with my license or ownership.
NOW....a very close friend of mine has had multiple guns and his license to carry concealed. When he moved a couple years ago, he forgot to notify the local PD. Something happened (not illegal) that caused them to know this, and they pulled his license and he had to sell all his guns.
How screwy are the laws?
Do you support a ban on handguns? NO WAY
Do you think the government has a right to ban firearms? NO
I have owned and have been licensed to carry for 15 years. I am not a criminal. As other moms have pointed out, people that ARE criminals and use guns for criminal activity get their guns off the street and will continue to do so. They are not licensed. The only thing banning firearms will do is give people that would otherwise be able to legally carry them no way to defend their selves. The government needs to stop messing with people's constitutional rights.
Just click the lid and join team 'Mommas for a Cure'!
Bans only apply to those wishing to abide by the law. All criminals will still have them.
No, I do not support a ban on handgun. They are useful for far more than self defense and taking them away only serves to put the public at risk.
The government can ban firearms when they take them from everyone ...that includes police officers and military personnel.
Quoting grammie6:
I am on the fence regarding the whole gun issue...Personally for my family we have no use for guns. I was not raised around guns nor was my husband. I have extended family who hunt so I have no issue with their gun ownership. I have a son who is in the USCG and has actually killed a drug smuggler in self defense. I know the power of a hand gun. I have also come across the guy who has to show off his lack of a real manliness by bragging about his guns, can't stand men like that. They don't appreciate the power of a gun just think they are cool. Hand guns serve a purpose but many gun owners abuse the right of ownership. I wish more could be done about the stupid gun owner
my hubby is in the Coast Guard to he is a Gunner's mate. He loves guns.and I agree with u and their jobs are scary sometimes.
We own a Shot gun. rifles and a .38 revolver and they r for hunting and protection. so I don't think the government should banned handguns
Eight Year Old Girl Given "Catastrophe Award" By Teacher
Just for fun. A kid poll.
- Cafe GroupAdmin
on Oct. 7, 2009 at 1:41 AM