Constitutional Law

Reaction to McDonald v. Chicago

In the wake of the decision, the Jackson County (WI) prosecutor has announced he's no longer taking CCW and similar gun cases.

"Prior to this historic ruling, our state Supreme Court placed the state?s interests first, and
would only create an exception to these laws when the individual?s need for protection
outweighed the state?s interest. In the area of concealed carry, only 2 cases have
approved concealed carry, one at home, and the other one at the defendant?s personallyowned
place of business. Well, as the United States Supreme Court held yesterday, that
view was exactly backward.

As with the other fundamental rights, such as the freedom of speech, of religion, of
association, or of security in our homes, persons, and effects, government limitations on
fundamental rights are lawful only in the rare case that the state can show a compelling
governmental need that can be accomplished only by enacting a narrowly-tailored
restriction, in terms of time, place and manner. Clearly, a blanket prohibition against
carrying your loaded firearm in your personal vehicle does not pass that test."

Hat tip to reader Dave Van...

Full post as published by Of Arms and the Law on July 03, 2010 (boomark / email).