NRA v. City of Chicago and Village of Oak Park
Last year’s watershed Second Amendment case of District of Columbia v. Heller was just the beginning of the fight over the meaning of the right to keep and bear arms. The most significant question now is whether the Second Amendment only applies to the federal government (because D.C. is directly under federal law) or whether it also applies to states and cities under the Fourteenth Amendment of the Constitution. This question of whether the Second Amendment is “incorporated” by the Fourteenth Amendment is now being offered to the Supreme Court. The city of Chicago has a law banning handguns similar to the law struck down last year in Heller. The NRA filed suit against this law, and lost both in the federal district court and also before the Seventh Circuit. Now the NRA has petitioned for certiorari, requesting the Supreme Court to decide the matter. On July 6, the ACRU filed an amicus brief supporting the NRA’s petition. The Court should decide by early October whether to take the case. If granted certiorari, NRA v. Chicago will be a historic case and important as the Heller decision itself.