Gun Control: In a case headed for the Supreme Court, a three-judge panel rules Chicago's gun ban constitutional since the 2nd Amendment doesn't apply to states and cities. High court nominee Sonia Sotomayor concurs. Those Pennsylvania townsfolk bitterly clinging to their guns may have been premature in celebrating the decision in D.C. v. Heller that the 2nd Amendment to the U.S. Constitution does indeed guarantee an individual right to keep and bear arms. In Heller, the Supreme Court overturned the District of Columbia's draconian, 32-year-old gun ban. It barred most of the district's residents from owning handguns and required that all legal firearms be kept unloaded or disassembled under trigger lock. If predators broke into your house, some assembly would be required. When the district rejected his application to keep a firearm in his home to protect his family, Dick Anthony Heller, an armed security guard, did not think it was a reasonable restriction on his 2nd Amendment right to keep and bear arms. So he sued. In a 5-4 decision written by Justice Antonin Scalia, the court ruled that the 2nd Amendment indeed protects an individual right to possess a firearm unconnected with service in a militia and to use that firearm for traditionally lawful purposes, such as self-defense within the home. An individual right to bear arms is supported by "the historical narrative" both before and after the 2nd Amendment was adopted, Justice Scalia wrote. Not so fast. On Tuesday, a three-judge panel of the 7th Circuit Court of Appeals rejected subsequent suits brought by the National Rifle Association against the city of Chicago and its suburb of Oak Park, both of which believe the Constitution prevents citizens from defending themselves. The Circuit Court decision was written by Judge Frank Easterbrook and joined by Judges Richard Posner and William Bauer. Easterbrook's reasoning is fascinating. According to him, the Revolution was fought and independence won so that the Founding Fathers could write a Constitution with a Bill of Rights that applied only to the District of Columbia. "Heller dealt with a law enacted under the authority of the national government," Easterbrook wrote, "while Chicago and Oak Park are subordinate bodies of a state." We're all for federalism, but the U.S. Constitution is the U.S. Constitution. Surely he can't be serious. But he is, and agreeing with him is Supreme Court nominee Sonia Sotomayor. The 2nd Circuit Court of Appeals examined in Maloney v. Cuomo a claim by a New York attorney that a New York law prohibiting possession of "nunchucks," a martial arts weapon, violated his 2nd Amendment rights. Sotomayor and the 2nd Circuit affirmed a lower court's decision that the 2nd Amendment applies only to federal laws and not to states or municipalities.
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