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MCDONALD V. CITY OF CHICAGO AND WHAT IT MEANS FOR GUN LAWS ? CALIFORNIA PENAL CODE SECTION 12020(A)(1)

By Walin & Klarich

On June 28, 2010, the United States Supreme Court decided McDonald v. City of Chicago, a closely watched case that recognized that states cannot infringe a person?s right to own a firearm for self-defense in his home. The Court ruled that a law totally banning handgun possession in the city of Chicago was unconstitutional under the Second and Fourteenth Amendments. The Second Amendment states that ?[a] well-regulated milita, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.? Guns rights groups such as the NRA had argued that the Second Amendment protected the individual right of a person to possess a firearm. Gun control activists maintained that the right described referred to the state militia?s right to have firearms for the purpose of defending the state against the federal government...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 06, 2010 (boomark / email).