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Updated 10/05/2009 08:51 AM

Gun control law challenged

By: Curtis Schick

The second amendment has never been held to apply to state and local laws restricting guns, but the Supreme Court is taking up a challenge to a handgun ban in Chicago to decide just that, as it begins its new term Monday. If the court sides with gun rights supporters, lawsuits to overturn all manners of gun control laws are likely. Curtis Schick reports.

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ALBANY, N.Y. -- It's in the Constitution's Bill of Rights. The second amendment, it reads:
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.

However, the federal right hasn't been applied to states and local municipalities. New York State, for example, has some of the strictest gun laws in the country.

"The legal and lawful gun owners, whether it's the City of Chicago or the City of Albany have a right to protect themselves," said Tom King NYS Rifle and Pistol Association.

That could change. The United States Supreme Court is taking up the gun ban in and around Chicago and could decide if it infringes on a person's federal right to bear arms.

The court found last year that Washington DC residents have the federal right to bear arms.

"It's something that the people of the United States need an answer on," said King.

"Folks believe this might be important cases of term, how the Supreme Court goes about imposing the right to bear arms on states and localities will open the doors to other rights being imposed on states and localities," said Paul DerOhannesian, legal analyst.

Still, DerOhannesian says many gun controls will remain on the books and gun control advocates believe any ruling will have little effect.

"As a practical matter, in terms of what is really in the states and what is happening in the local communities in terms of dangerous people getting guns, I don't think it is going to have a lot of impact," said Paul Helmke, Brady Center to Prevent Gun Violence President.

The Court begins its term Monday, but won't hear the Chicago case until January.