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The U.S. Supreme Court appears poised to broaden the accepted definition of the constitutional right to "keep and bear arms." If the exchanges from this week's hearing are any indication, the justices will strike down Chicago's ban on the possession of handguns. The question is whether the reasoning will extend to regulation, not just prohibitions, on guns. The case, McDonald vs. Chicago, should be of great interest to Americans who believe that states, counties or cities should have the ability to decide for themselves whether certain weapons pose an undue risk to public safety. For the past generation, voters and elected officials in various states have adopted a wide array of gun-control measures. But the ability of state and local governments to respond to the proliferation of weapons on their streets could be severely curtailed if the court continues down this path. In June 2008, a narrowly divided court struck down a similar ban in Washington, D.C. But it was not clear at the time whether the ruling on the nation's capital, a federal enclave, would extend elsewhere. It seems that the conservative majority has moved past the argument of whether the Second Amendment is an individual or collective right into the finer points of the 14th Amendment's assertion that "no state shall make or enforce any law which shall abridge the privileges or immunities of the United States." It seems that the justices, particularly Antonin Scalia, are reading past the ambiguity in the Second Amendment that has been a subject of intense debate for generations. This conservative court's activism could have a very dangerous effect on our streets. (Reprinted from San Francisco Chronicle) Comments
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