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Illinois State Rifle Association
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McDonald v Chicago
In June 2008, the U.S. Supreme Court handed out a decision in Heller v. District of Columbia, which ended a long-standing argument. Is the right to keep and bear arms an individual right? The Court declared, for the first time, that it was an individual right. Along with that decision, Justice Scalia also declared that the handgun ban in Washington D.C. was unconstitutional. Law-abiding citizens, residing in our nation’s capitol, could now keep handguns in their homes for lawful purposes. Within an hour of that decision, the Illinois State Rifle Association, the Second Amendment Foundation, along with four Chicago residents, Otis McDonald, Colleen and David Lawson and Adam Orlov, filed a lawsuit against the City of Chicago, challenging the handgun ban in Chicago that prevents lawful self-defense. Most of us would think that the “Heller” decision would have thrown out the handgun ban in Chicago, but it does not. This Supreme Court decision is only binding on the federal enclave of Washington D.C. and to the Federal government. All state, city and local governments are not bound to the U.S. Constitution or most of the Amendments. When the founding fathers wrote our Constitution, it was to put controls on our national government and to give power to us, the U.S. citizens. We, in turn, allowed our state legislators and officers to do our bidding and create laws that would reflect our needs and wants within each state. As our country developed and matured, rights became more of a focal point and the abolition of slavery was a hot topic. The Civil War resulted from that and slavery ceased to exist after the fighting stopped. The 13th Amendment was ratified to ensure that slavery was unconstitutional and then to address the question of binding the Bill of Rights to the states, the 14th Amendment was ratified. It was obvious that the southern states were not happy about all of the new changes that were taking place. They lost the war and their major workforce was not necessarily going to come back to the plantations. The former slaves were now citizens of the U.S. and they had the same rights as everyone else. Within a few years, attempts were made to weaken the 14th Amendment and challenge its authority to bind the states to the Constitution. Eventually, a case came to the Supreme Court from Louisiana and it became the vehicle to reduce the 14th Amendment powers. Known as the “Slaughter House” case, it undermined the 14th Amendment and, until now, has kept the 2nd Amendment from being applied to the states. What is necessary now is to incorporate the 2nd Amendment to the 14th Amendment via a Supreme Court decision so that the 2nd Amendment is binding on all state, city and local governments. The handgun ban in Chicago is the focal point of our lawsuit, but if the Supreme Court could correct Slaughter House and return the 14th Amendment to its intended powers and incorporate the 2nd Amendment to the 14th, it would be big…for the entire country! McDonald v. Chicago could correct a past Supreme Court decision and bring the 14th Amendment in line with its founders’ intentions. This case has the liberals worried. It could realign the intentions of our founding fathers to bring new strength to the Constitution. The Illinois State Rifle Association has fought long and hard to have the 2nd Amendment made whole in Illinois. This organization now sees a light at the end of this very long tunnel and it is because of the dedication of our organization to fight for all gun owners in Illinois. Our state has many hunters, firearm owners and enthusiasts that enjoy the shooting sports. I believe that if the majority of these folks were to join the ISRA, we would not have to fight all of the legislative obstacles that are brought about by the likes of the Daleys, Madigans, and Cullertons of this state. I believe that there would be concealed carry and the crime rate would decrease. Since the Supreme Court found that the handgun ban in D.C. was unconstitutional, the crime rate in D.C. has gone down by 25%. Please join the Illinois State Rifle Association today! Call 815-635-3198 or sign up on-line at www.isra.org. The ISRA will be in Washington D.C. on March 2, 2010 to present our oral argument to the Supreme Court. Alan Gura is our attorney. If you didn’t know, he is the lead attorney that won “Heller.” On March 10, 2010, the ISRA will lead the Illinois Gun Owner Lobby Day (IGOLD) in Springfield, Illinois. Last year, over 5000 gun owners spent the day lobbying their legislators and though we did not get much press about the event, we were impressive and everyone in the Illinois capitol buildings took notice. This is the most important event that the ISRA sponsors in Illinois. IGOLD is held on a Wednesday, but it is important that all gun owners get together in Springfield and support the 2nd Amendment and the fight of the ISRA. As in past years, there are bus pick-up points throughout the state on that day and the cost is very reasonable. Please go to our web site or call to find out more about this service to Springfield. This information can be obtained through our website: www.isra.org. Or, call our office at 815-635-3198. I hope to see everyone in Springfield on that day to fight the good fight! Al Tiscareno Director ISRA ------
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