Jun 28, 2010

SCOTUS Opines 5-4 for Incorporation in McDonald v. Chicago

This should have been a unanimous decision.

"JUSTICE ALITO delivered the opinion of the Court with respect toParts I, II–A, II–B, II–D, III–A, and III–B, concluding that the Fourteenth Amendment incorporates the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self-defense."
The opinion is here.

Questions:

Does this mean "Constitutional Carry" for all states?

First the SC confirms that the 2nd is an individual right to keep and bear.
"There seems to us no doubt, on the basis of both text
and history, that the Second Amendment conferred an
individual right to keep and bear arms."-Heller
Then the definition of the operative clause indicates the purpose of carrying arms for defense in case of confrontation.  The SC did not give a specific definition of when and where the carrying of arms would be prohibited or if it could be prohibited.
"c. Meaning of the Operative Clause. Putting all of
these textual elements together, we find that they guarantee
the individual right to possess and carry weapons in
case of confrontation. This meaning is strongly confirmed
by the historical background of the Second Amendment.
We look to this because it has always been widely understood
that the Second Amendment, like the First and
Fourth Amendments, codified a pre-existing right. The
very text of the Second Amendment implicitly recognizes
the pre-existence of the right and declares only that it
“shall not be infringed.” As we said in United States v.
Cruikshank, 92 U. S. 542, 553 (1876), “[t]his is not a right
granted by the Constitution. Neither is it in any manner
dependent upon that instrument for its existence. The
Second amendment declares that it shall not be infringed
. . . .”-Heller

Does this effect the NFA or the Gun Control Act?

Can a State or municipality prohibit the possession of automatic weapons?
If a State or municipal law prohibiting a handgun is unconstitutional, how could a state law prohibiting any type or class of weapon stand?

Illinois law prohibits automatic weapons(machine guns)-
(a) A person commits the offense of unlawful use of weapons when he knowingly:
"(7) Sells, manufactures, purchases, possesses or

carries:
(i) a machine gun, which shall be defined for

the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;
(ii) any rifle having one or more barrels less

than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall lengt(a) A person commits the offense of unlawful use of weapons when he knowingly:h of less than 26 inches;"-720 ILCS 5/24‑1

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