imported post
psmartin wrote:
Assuming that
A) SCOTUS accepts the case & rules favorably for the rights of homeowners
or
B) SCOTUS lets the current ruling stand
Doesn't this create a domino effect for New York & Chicago? If it becomes legal to keep a handgun in the home in DC, under what grounds could Chicago & New York keep up the ruse?
It does because of the individual right precedent that it would set, especially if "A" becomes true. However, it will probably not immediately invalidate any state laws, i.e. NY or Chicago, for many different reasons.
First, the 2nd Amendment is one of the few Bill of Rights that has not been
incorporated to apply to the states. And because DC is a federal district, the question of if the 2A should apply to the states or not, is not before the Court in Parker. However, if we are lucky the Court may imply that they would be willing to incorporate the 2A to apply to the states through future cases.
Second, Parker is a very narrow case, focusing mainly on the issue of being able to possess a readily accessible, functioning firearm, within one's home, for the purpose of self-defense. This means that broader gun-control laws will probably not be addressed in Parker (i.e. concealed carry, open carry, transportation, purchase, etc.).
In all reality if Parker is affirmed by the Court, it will have almost no immediate impact on the vast majority of gun control laws. However, it will have a devastating long term effect on the gun control movement as a whole. And with future court cases and future legislation in light of Parker, we might be able to get a glimpse of what "Shall not be infringed" really means!
