Alan Gura's explanation of why we need McDonald v. Chicago (Read 2435 times)

2aHawaii

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Alan Gura's explanation of why we need McDonald v. Chicago
« on: November 23, 2009, 12:22:24 PM »
Here is a video I found today of an interview of Alan Gura on the Glenn Beck show. He goes on to explain why we need McDonald even though we have Heller, starting at about 2:30. Short explanation, D.C. is part of the federal government so the Heller case only helped D.C. and not individual states. McDonald is about limiting the power of the states and incorporating the 2nd Amendment.

I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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HiCarry

Re: Alan Gura's explanation of why we need McDonald v. Chicago
« Reply #1 on: November 23, 2009, 04:57:27 PM »
McDonald is definitely about guns, but it also has a broader appeal in that it argues that past "selective incorporation" of the Bill of Rights is wrong and that all enumerated and unenumerated rights from the Constitution should be applied to the States.

It has been theorized that SCOTUS choose McDonald over the NRA case in part because of the argument Gura makes regarding the Privileges and Immunities clause (NRA argued the Second should be incorporated under the Due Process theory). Some feel this argument has less merit than Due Process, while others argue otherwise.

I was fortunate enough to meet Mr. Gura after a debate here at UH with Prof. Van Dyke (which Gura easily won...) and we spoke about the Chicago case. He basically said he doesn't take cases he can't win, so I am optimistic that ultimately Chicagos' gun ban will fall.

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Re: Alan Gura's explanation of why we need McDonald v. Chicago
« Reply #2 on: November 23, 2009, 07:18:38 PM »
I was fortunate enough to meet Mr. Gura after a debate here at UH with Prof. Van Dyke (which Gura easily won...) and we spoke about the Chicago case. He basically said he doesn't take cases he can't win, so I am optimistic that ultimately Chicagos' gun ban will fall.

I'm jealous. Gura is the up and coming gun rights lawyer. After hearing him speak both on tv and a recording of him in the 9th, I feel he really knows his stuff. We may not agree on every point, but he is great for gun owners.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

Buying from Amazon? Click through here

HiCarry

Re: Alan Gura's explanation of why we need McDonald v. Chicago
« Reply #3 on: November 24, 2009, 09:02:31 PM »
Not only is he the gunrights guy, he's a genuinely nice guy....and very smart (obviously). He is also a gun owner and while he shoots some, doesn't really consider himself a "gun guy," just someone out to right a few longstanding wrongs in regards to the Second Amendment. I was able to get his autograph on the Fall 2008 Journal on Firearms & Public Policy, which details the Heller decision as well as the many amici briefs, by the Second Amendment Foundation. I believe we may have several copies of the journal, some of which may be autographed. We were giving them to supporters that donated to the HRA PAC last year.