You may recall that a little over a month ago we reported the news that Kirkland & Ellis’ DC office was going to handle the Nanchaku (“nunchuck”) 2nd Amendment Incorporation petition for certiorari to the Supreme Court. In that post, we discussed the DC v. Heller decision which held that the 2nd Amendment prohibits the Federal government from making laws that infringe on the individual right to keep and bear arms. However, the Supreme Court did not rule on whether the 14th Amendment incorporated that 2nd Amendment right against state and local governments, such that they too could not make laws infringing on the right to keep and bear arms.
The Supreme Court has yet to decide whether the 2nd Amendment is incorporated against the states, and there are three cases currently in the pipeline involving incorporation of the 2nd Amendment. They are the Chicago handgun case, the L.A. Gun Show on Public Property case, and the New York Nunchaku case.
David Kopel, of the Independence Institute and valued “Conspirator” at the Volokh Conspiracy, gave an 11 minute interview (mp3 format) on iVoices discussing those three cases and opining as to which is the most likely vehicle through which the Supreme Court may decide on the issue of incorporation of the 2nd Amendment.
According to David, the nanchaku case that we reported on, Maloney v. Rice, gives the Supreme Court its earliest opportunity to consider the 2nd Amendment incorporation issue. The other two cases are not as far along and the petition for cert in the Nunchakucase is being submitted this month.
Picture courtesy of Karate Depot.