Monday, October 03, 2011

Potential Second Amendment cases at the Supreme Court.

The U.S. Supreme Court went back into session today. (See post below) Many are hoping the Court will select a Second Amendment case for decision (grant a writ of certiorari). The Supreme Court’s decisions in Heller and McDonald left many unanswered questions. One of these is whether the Second Amendment applies outside the home. Both Heller and McDonald involved handgun bans applying to the home. In spite of the fact that the Second Amendment states “bear” arms, most Courts have refused to provide protection outside the home. Thus far, the Court has NOT agreed to hear any Second Amendment cases. The Court recently decided not to hear Williams v. Maryland (10-1207), involving a person who was carrying a gun at a bus stop while on his way home from picking up the weapon at his girlfriend’s home . Currently, the only other two potential cases are Masciandaro v. U.S. (10-11212) and Chein v. California (10-1474). The Court has not yet decided whether to hear these cases. Other potential cases may still be in the pipeline. There is still time for the Court to accept a Second Amendment cases. Stay tuned.

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