Ten years ago today, June 28, 2010, the United States Supreme Court ruled in McDonald v. City of Chicago that the individual right of self-defense, enshrined in the Second Amendment, applies equally to local and state governments. From there, the federal appeals Court in Chicago ruled that range training is protected (Ezell v. City of Chicago), as is the public carry of firearms for self-defense (Moore v. Madigan), which led to Illinois finally passing a concealed carry law. This office has been proud to be a part of all those Court decisions, and to since helping numerous people across Illinois, the United States, and even across the globe vindicate their rights.
But even as a lot has happened with regard to advancing the Second Amendment, a lot still remains. It is well-known the Supreme Court recently had ten cases (disclaimer – this office filed two of them) from which to choose in order to further clarify and cement the Second Amendment right, and declined to take any of them. Therefore, for the time being, the court battles over the Second Amendment’s scope remain in the lower federal courts and the state courts. The Firm will be there helping the people of Illinois and beyond.
Today, though, is a good day to reflect on what has been achieved, and give a thank you to Otis McDonald (a man I was glad to get to call a friend, who is missed), Colleen Lawson, David Lawson, and Adam Orlov. These were/are brave people who wanted to make a difference and help make their communities safer. Also, the folks at the Second Amendment Foundation and the Illinois State Rifle Association. This office has represented both groups in the decade since McDonald, and knows firsthand their unceasing hard work. Also, my co-counsel, Alan Gura (who also won the Heller Second Amendment case). Given the Supreme Court’s declination of virtually every Second Amendment issue that has come before it since McDonald, in retrospect the victories in that case and in Heller seem even more noteworthy.
As a not-really-recognized issue in McDonald, a significant portion of the debate involved whether the Second Amendment should be applied to the states via the Fourteenth Amendment’s Due Process clause or its Privileges or Immunities clause (the McDonald Court applied due process; we had argued that was fine and would do the job, but “P or I” was more proper). While I will not get into those weeds here, for those who are interested, Adam Shelton at the Institute For Justice visits the treatment of the “P or I” Clause very nicely.
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
