The NRA is just one among several gun rights groups that are hailing McDonald as a landmark decision. Lets just examine their enthusiasm.
McDonald was a landmark decision only in the respect of incorporation.
Justice Alito, in his majority opinion went to great lengths to define ‘keep’ and ‘bear’ ARMS. Also the keeping and bearing ARMS inside the home and OUTSIDE. Had he left it at that, then we would have a much better chance at defeating the vast majority of draconian laws. But he saw fit to include:
‘Under our precedents, if a Bill of Rights guarantee is fundamental from an American perspective, then, unless stare decisis counsels otherwise, that guarantee is fully binding on the States and thus limits (but by no means eliminates) their ability to devise solutions to social problems that suit local needs and values. As noted by the 38 States that have appeared in this case as amici supporting petitioners, “[s]tate and local experimentation with reasonable firearms regulations will continue under the Second Amendment.’ ~ Justice Alito~
Well, we all know the definition of ‘reasonable’ when the states and cities decide reasonable legislation. Reasonable’ is the very reason the Chicago gun ban not only came into being, but stood for so long.
Already, Mayor Daley and his mob are picking through McDonald and devising ways to make it very difficult, if not impossible, to have a handgun in Chicago. A repeat of Heller. It’s been reported that Daley is going to restrict each household to one handgun. From outward appearances, that will be a revolver only. And on it goes. However, this restriction could fail because of ‘ARMS’, in the plural.
Due to the quote above, if any lawsuits are brought forward in the lower courts many can easily be defeated relying on McDonald for their decision.
So back to the headline question. ‘What does McDonald mean to you or your state.
In the vast majority of the states, absolutely nothing. Even ‘Non Issue’ states like Wisconsin and Illinois, nothing will change on the state level. Of course in the City of Chicago, residents will now be able to have a handgun in the home for self defense. That is, if the resident jumps through all the additional hoops that will be put in place shortly. Likewise, ‘May Issue’ states have no reason to change because of McDonald.
And of course, we come to New York. As of today, the city deems it illegal to transport a firearm (handgun), via an airport, even though it is legally declared and is contained properly. It will be interesting to see what the city does under McDonald. Most likely nothing. They have no incentive, through McDonald to change.
As I’ve said in previous articles, the SCOTUS, not only through Heller, but again in McDonald virtually disabled the way of litigation. So what we are left with is it is up to us to take control at the ballot box.
For more commentary, visit the online journal, The War on Guns: Notes from the Resistance a daily atThe War on Guns: Notes from the Resistance.
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Comments
Mc Donald, bless his heart, did what most other Americans would not do. He took on the establishment and won. However that victory has a hollow meaning for gun rights activists because that decision does not reasonably restrict federal, state, or local governments from setting up other unreasonable barriers to prevent the average American from getting a gun. If we just had the rights that existed when our forefathers wrote the Second Amendment we would not need gun organizations to represent us and have to lobby for us. In many ways they do not want us to have full rights under the Second Amendment because then we would have no use for them. McDonald showed us something else as well. That we do not need the NRA and others to win a fight in court. We need to start speaking with our money and our votes and if someone does not do what we want then we vote them out and turn off the membership money. The NRA needs new leadership and to be on a severe money diet until it starts winning.
From where I stand there will not be a sweeping change, and the only real thing that If I understood it correctly was the fact that the decision clearly states that the People have by Constitutional Mandate the individual Right to Keep and Bear Arms, as Stated in the 2nd Amendment, and that it applies to all 50 States.
I think I understood that the Original Case was remanded back to the Lower Court for Reconsideration, and there were additionally two Suits filed on the Issue of Guns in Ill.
Its interesting that the legal dust from the McDonald SCOTUS decision should mean that the fight over 2A rights should be over. Not so. The left will never concede defeat on any level. Somehow, they cannot grasp the concept that the Constitution and the Bill of Rights have been the foundation for our Republic for more than 200 years, without which, THEY would not even be allowed to voice their opinions.
To them, the word FREEDOM only applies to their unfettered ability to willfully hate and criticize their country.
Never do they support, honor, uphold, the value system and sacrifice of those who gave their lives to ensure continued freedom for those who follow.
The way I see the battle over full 2A rights is one where the left will continue to challenge with defiant new anti-gun laws only to loose in court again and again.
Yes, it may take a while before the liberal left understands the real meaning of; "Shall Not Be Infrienged"
Our Founding Fathers were KNEW in advance.
Joe.
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