Original poster:
- Open carry is not yet legal in Chicago.
- The Supreme Court did not explicitly find the law unconstitutional and technically reversed and REMANDED the case for further proceedings in accordance with the Opinion.
- It is likely that the local law still binds law enforcement and the local residents until further conclusive notice.
DISCLAIMER: UNTIL YOU CONSULT WITH AN ATTORNEY, DO NOT RELY ON ANY PURPORTED LEGAL ADVICE HEREIN SUGGESTED OR PROVIDED BY THIS POSTER or ANYONE ON THIS PUBLIC FORUM.
As Paul aptly points out, inferior courts are not bound by dicta propounded by courts that stand in a position of superior authority. Even though the question posed, or the issue presented may seem clear, the path that a court takes in reaching a holding is quite important and arguably constitutes binding law.
In McDonald v. Chicago, the Court discussed
Heller and how it recognized the right to possess a firearm in the home for self-defense purposes. However, McDonald goes much further. SCOTUS reaffirms that the Second Amendment encompasses an individual right and that the Second Amendment binds the Federal, State and Local governments.
"We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as 'prohibitions on the possession of firearms by felons and the mentally ill,' 'laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.'” McDonald.
I do not consider the except above to be dicta, as it was necessary for the holding of the Court to flesh out this fundamental right. The underlying issue was the constitutional meaning of the Second Amendment and it is wholly within the purview of SCOTUS to define the constitutional limits of the Second Amendment, as it put forth a binding guide for future Second Amendment jurisprudence. Without saying anything more, the Court reversed the inferior court, acting in accordance with the legal analysis it put forth in McDonald.
Finding that the Second Amendment is a fundamental right, SCOTUS has essentially guaranteed that judicial review of statutory law will be undertaken with 'Strict Scrutiny' in accordance with U.S. Supreme Court precedent.
Additionally:
The following types of laws will likely be upheld, so long as they are 'reasonable' and comport with the 'Strict Scrutiny' standard of review for statutory law:
- Prohibitions on felons and mentally ill individuals;
- Carrying of Firearms in sensitive places like schools and government buildings, and potentially other places; and,
- Regulation of Commercial sale of firearms.