SCOTUS: Chicago Gun Case Puts Conservative Issues At Odds

The Supreme Court heard oral arguments that could have sweeping consequences on the Second Amendment. Two years after the Court, for the first time, overturned a ban on hand guns in Washington, D.C., Chicago’s hand gun ban is being challenged.

The case McDonald v. City of Chicago pits two conservative ideals against each other: states rights versus gun rights.

At inception, the Bill of Rights only applied to the federal government. Never before have states had to abide by the Second Amendment. That could change with this case.

Alan Gura, attorney who represented gun right advocate and Chicago resident Otis McDonald, asked the court to extend federal gun rights to the states in the fullest possible extent.

“The issue today is weather the state, or the city of Chicago, have to obey to the right at all,” Gura said.

Conservative Justice Antonin Scalia questioned the intelligence of overturning 140 years of wide sweeping precedent. He said, “Even though I think its wrong, even I have acquiesced.”

Scalia’s hesitance does not mean that Chicago’s gun ban wouldstay in tact. The court can rule much narrower.

Chicago is home to the most restrictive gun laws in the country. The city outlaws hand guns, but not long guns, like rifles and shotguns.

Seventy-six year old Otis McDonald submitted his case to the Supreme Court after the Court overturned Washington, D.C.’s gun ban. That case, District of Columbia V. Heller failed to apply to Chicago, or other cities, because D.C. lies under federal jurisdiction.

Otis’ home has been robbed multiple times, and he says he wants to protect himself with a handgun.

“How can you even imagine that law abiding elderly people like myself is going to be a danger to society?” McDonald said.

With one of the highest crime rates in the country, the city of Chicago is fighting for its right to maintain its hand gun ban.

Benna Solomon, Council for the City of Chicago, said gun advocates are given plenty of rights. “We’re looking for some balance, we’re looking for some flexibility, and we’re looking for choice. We think the choice should remain with state and local governments,” Solomon said.

Justice Stephen Breyer, who voted against overturning DC’s gun ban, seemed opposed to expanding the Second Amendment. He said every decision regarding guns is life or death. He said, “On one side guns, on one side life.”

If this case overturns Chicago’s handgun ban, it could open the door to legal challenges on all sorts of gun laws that range from restrictions on specific weapons to concealment.

The Court’s decision will likely come down in June.

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