The constitutionality of gun control laws have been clarified by the Supreme Court. This ruling does strike down laws that limit handgun ownership – to a point. For one of the most part, McDonald v. Chicago clarifies the 2008 decision striking down a Washington D.C. law.
The Supreme Court gun decision
In the last 3 years, the Supreme Court has rendered two decisions on the constitutionality of gun bans. McDonald vs. Chicago challenged Chicago’s very restrictive ban on individuals owning handguns. Handgun ownership cannot be banned in federal districts, as outlined by the 2008 Supreme Court ruling. States and cities are subject to the same ruling, according to the latest decision. Writing for the 5-4 majority, justice Samuel Alito stated that “self-defense is a basic right… individual self-defense is ‘the central component’ of the Second Amendment.”
Not all gun legislation disallowed
While the Supreme court gun decision does make handgun bans unconstitutional, it leaves the door open for further legislation and litigation. The majority opinion restates the 2008 caveat that “recognized that the right to keep and bear arms is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” Gun ownership can be limited, but only under certain situations. Where exactly that right butts up against the Second Amendment is nevertheless to be determined.
Other Supreme Court decisions
The Supreme Court handed down multiple decisions today. First, the Public Company Accounting Oversight Board was ruled unconstitutional. In 2002, this board was re-created to respond to the failure of Enron. If the SEC gets more control over the board, though, it could be constitutional. In Bilski v. Kappos, the court ruled that a patent can’t be taken out on financial risk limiting strategies.