So, what's the chance that things could get worse for gun owners after this?
Couldn't the Supreme Court decide that states and cities have a right to create more restrictive gun laws than the federal government?
We've all been acting like this will be a slam dunk, but I'm not sure it is. And if they don't rule in the favor of McDonald, even more states and cities could jump on board with gun banning.
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The Question Presented in McDonald v. Chicago is:
�Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.�
This is the only question presented for argument today. Remember, there was about 48 pages of 55 pages of argument in the brief posturing the P&I argument with about 7 rather quiet pages of argument as to Due process being the acceptable vehicle for Incorporation. It is why the NRA asked to Intervene. They wished to strengthen the Due Process argument so the court had another potential avenue of success by which to hang their hats if Gura were to blow his wad on only P&I positions.
All bases are covered. It will be a hurry up and wait to see which vehicle the SCJ's ride in but I'm confident they will certainly pick one of the vehicles and Incorporate.
