From Heller to Chicagoland: Incorporation of the 2nd Amendment into the 14th Amendment?

After the Supreme Court held in D.C. v. Heller (2008) that a handgun ban violates the individual right to have arms for self defense, lawsuits were filed against Chicago and adjoining municipalities claiming that their handgun bans violate the 2nd Amendment as incorporated into the 14th Amendment. Some repealed their ordinances, while Chicago and Oak Park held firm. The U.S. Court of Appeals for the 7th Circuit held that the issue could only be decided by the Supreme Court, which in turn has agreed to resolve the question of whether the right to keep and bear arms is protected from infringement not only against the federal government, but also against the states and localities.

STEPHEN P. HALBROOK, ESQ.

Professor Lund will discuss the strengths and weaknesses of several somewhat different legal theories that the Supreme Court could use to protect the right to keep and bear arms against infringements by state and local governments. Professor Lund will also explain which theory he believes the Court is most likely to adopt in McDonald v. Chicago.

PROFESSOR NELSON LUND
Patrick Henry Professor of Constitutional law and the Second Amendment
George Mason University School of Law