Restricting Rights?

" Thank originally. Last year's historic ruling striking down a handgun being here in Washington DC extended the states. The Supreme Court has agreed to take up the talents -- similar -- loss in the midwest. Steve Brown has that story from Chicago."

" 76 year old Otis McDonald is a long time Chicago resident and has seen crime up close. Well from -- within -- garage just a month ago that's a month ago. But he's gotten McDonald -- protected his home and himself with a shotgun which looks very much like this one. Under Chicago law McDonald must re register his gun every year without fail. And when it comes to firearms the city's mayor has noted for years that Chicago -- some the most restrictive gun laws in America. -- It's been in place for almost three decades. Yeah including a continuous police effort to get handguns off the streets. But now McDonald is the lead plaintiffs in McDonald. DC. With the landmark Heller case which throughout a similar handgun ban in the District of Columbia."

" We had -- have begun preparing a year before. Assuming that the DC Kate would -- way. And within fifteen or twenty minutes we filed electronically. The basic question before the -- court is whether the Second Amendment involving the right to bear arms applies not suggest in federal territories like the District of Columbia. But also in states and cities like Chicago."

" Steve Brown reporting this -- it's going to decide the Second Amendment now applies to states and cities early next year we expect. When it -- versus the city of Chicago at stake is whether the right to bear arms applies to all citizens in the US regardless where you live. Separate fair and balanced debate McDonnell attorney Alan guerra and also Dennis -- again from the Brady campaign and gun violence and the author. -- logic -- thank you both for coming in. Thinks that all right so it's going back to the High Court again but now we're talking about the State's Alan why should -- incorporate essentially the Second Amendment. To the states meaning that states cannot be an handgun ownership."

" People United States have a fundamental right to defend themselves. Using guns. -- we decided a long time ago around the time the civil war there was no longer acceptable to have his constitutional system. Where only the federal government was restrained in things -- can do to people but the states could run wild. And -- people's basic rights. The fourteenth amendment was ratified in the fourteenth amendment requires states. And look units of local government to honor basic constitutional rights and the right to bear arms -- those rights. Dennis what are your concerns about this case goes before the High Court to get a definitive answer on this issue."

" Well you know actually the significance of this case is easy to overstate. Because the issue here is whether the Second Amendment right. As set out in the Heller decision applies to the states. But if you read the Heller decision it's a very narrow right indeed it's -- right to have guns in the home for self defense. And the Heller decision itself made it clear that that Wright is entirely compatible. With a wide -- of -- range of gun regulations. Designed to keep guns out of the hands of dangerous people so even though. The Chicago handgun ban is at issue here there are only two jurisdictions in the country -- even have him -- The real issue is when will this country move forward to enact strong regulation of guns while allowing gun ownership. But regulation to keep guns out of the hands of dangerous people. Like extending Brady act background checks to private gun sales at gun shows and elsewhere. A common sense measure that would save lives and is not unconstitutional under the Heller decision as we read it."

" And certainly in that opinion Justice Scalia was very clear that a different entities can have the right to regulate how people own and have guns -- whether to their home and and other ways. Alan are you saying you're fine with. Reasonable restrictions but -- first before we get to that question we have to decide whether the Second Amendment does apply across the board."

" Well sure first of all everyone agrees. With reasonable laws disagreement is about what is reasonable what is common sense and on that we have very strong difference of -- We believe. That when the government regulates guns in the interest of public safety needs to show that there's a very compelling need for the law. That there's an historical practice it supports the law that the law is not simply meant to make gun ownership difficult or expensive. -- The fact is that if there is some sort of really powerful reason to have a law. In the name of public safety. That's sort of law would pass. The scrutiny for the right this issue for example we have right of free speech but the government bans extortion and perjury those things are speech. We do not claim that people should have guns on airplanes. Or nuclear power plants things like that. But certainly law abiding people should have the ability to. Buy and use firearms for traditional lawful purposes including self defense without too much hassle and when the government regulates in this area. It needs to be aware that is a fundamental constitutional right state. And -- respect that right."

" An interesting and sort of twist in this case is that there was another case out there from second circuit that are now justice Sonia Sotomayor. -- took part in which found at the Second Amendment does not apply to the states. This time around Dennis says she's hearing this case it's not the when she author but it's very similar to it. We be watching her any more closely than you would any other justice in this case."

" Well obviously she's gonna have to look at that issue and you basically what she decided in the second circuit case. That whatever the merits of the issue. Her court and appellate court doesn't have the authority to contravene decisions of the United States Supreme Court the gun lobby trying to make a big deal of that decision by judge then judge Sotomayor. But in fact it simply show that she was willing to follow the law. Follow precedent and frankly if he is willing to do that on the High Court and we think she will be she will respect. The words of the Heller decision itself -- which made it absolutely clear. That the Second Amendment is entirely compatible with strong gun regulations to keep hand guns out of dangerous hands. And that's the key the argument that Allen is making here that the Second Amendment. Means that gun should be very strictly scrutinized by court's -- should be. A subject to so called strict scrutiny. He made that argument to the Supreme Court -- Heller and and the court did not behind they did not adopt that standard. We see no reason why they would adopt that standard in this case. If they don't it's going to mean that state legislatures local. City councils will still have a great deal of authority to enact the kind of common sense laws that we think are very important."

" We'll only get a date in this actually gets the court would love to have you back for another debating you were successful and -- we'll see if this is another 54 decision and -- if it goes the other way this time government thank you both for coming -- Well and does being a good."