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Thread: Chicago Law Banning Handguns in City Upheld by Court

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    Chicago Law Banning Handguns in City Upheld by Court

    Chicago Law Banning Handguns in City Upheld by Court

    June 2 (Bloomberg) -- A Chicago ordinance banning handguns and automatic weapons within city limits was upheld by a U.S. Court of Appeals panel, which rejected a challenge by the National Rifle Association.

    The unanimous three-judge panel ruled today that a U.S. Supreme Court decision last year, which recognized an individual right to bear arms under the U.S. Constitution’s Second Amendment, didn’t apply to states and municipalities.

    “The Supreme Court has rebuffed requests to apply the second amendment to the states,” U.S. Circuit Judge Frank Easterbrook wrote, upholding lower court decisions last year to throw out suits against Chicago and its suburb of Oak Park, Illinois.

    The Fairfax, Virginia-based NRA sued the municipalities in June 2008, one day after the U.S. Supreme Court’s decision in District of Columbia v. Heller struck down a hand-gun ban in the U.S. capital district encompassing Washington.

    “We clearly disagree with the court’s conclusion,” NRA attorney William N. Howard, a partner in Chicago’s Freeborn & Peters LLP, said in a telephone interview. “The next step will be an appeal to the Supreme Court.”

    “We recognize that this may not be the end of this litigation,” Jenny Hoyle, a spokeswoman for the city of Chicago’s law department said, acknowledging the likelihood the NRA would seek further review. “We’re certainly prepared for that if this happens. We’re prepared to aggressively defend our ordinance.”

    In Heller, the high court struck down Washington’s 32-year- old gun law, which barred most residents of the city from owning handguns and required that all legal firearms be kept unloaded and either disassembled or under trigger lock. Six residents had challenged the law, saying they wanted firearms available in their homes for self-defense.

    “Heller dealt with a law enacted under the authority of the national government,” Easterbrook wrote, “while Chicago and Oak Park are subordinate bodies of a state.”
    Chicago Law Banning Handguns in City Upheld by Court (Update3) - Bloomberg.com

    Looks like the 2nd amendment is on its way to incorpration against actions by the states.

    Its about time.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    The weekend of May 30-31, 2009 there were seven gun homicides in one twenty-four hour period in the city of Chicago. Nuff said for preventing law abiding citizens from "gun owners".
    It's nothing more than X's and O's.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    "The unanimous three-judge panel ruled today that a U.S. Supreme Court decision last year, which recognized an individual right to bear arms under the U.S. Constitution’s Second Amendment, didn’t apply to states and municipalities. "



    WTF? Who does it then apply to?
    Let evil swiftly befall those who have wrongly condemned us

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by Reverend_Hellh0und View Post
    "The unanimous three-judge panel ruled today that a U.S. Supreme Court decision last year, which recognized an individual right to bear arms under the U.S. Constitution’s Second Amendment, didn’t apply to states and municipalities. "



    WTF? Who does it then apply to?

    Who were the judges on that panel?
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by MrVicchio View Post
    Who were the judges on that panel?



    Enemies of the Constitution.
    Let evil swiftly befall those who have wrongly condemned us

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by Reverend_Hellh0und View Post
    WTF? Who does it then apply to?
    I would very much like to see the argument that the 2nd amendment does NOT apply to the states.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by Goobieman View Post
    Chicago Law Banning Handguns in City Upheld by Court (Update3) - Bloomberg.com

    Looks like the 2nd amendment is on its way to incorpration against actions by the states.

    Its about time.
    As our forefathers penned the Bill of Rights, it was determined that the right to bear arms is an "inalienable" right, not subject to Government intervention, either Federal or local. The Chicago law is unconstitutional, and the Appeals court is clearly in error.

    I bet dollars to donuts that the Supreme court will correctly interpret the constitution on this issue when it gets there.
    The ghost of Jack Kevorkian for President's Physician: 2016

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by danarhea View Post
    As our forefathers penned the Bill of Rights, it was determined that the right to bear arms is an "inalienable" right, not subject to Government intervention, either Federal or local. The Chicago law is unconstitutional, and the Appeals court is clearly in error.

    I bet dollars to donuts that the Supreme court will correctly interpret the constitution on this issue when it gets there.
    Given its ruling in Heller, its hard to see how it cannot.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    Quote Originally Posted by danarhea View Post
    As our forefathers penned the Bill of Rights, it was determined that the right to bear arms is an "inalienable" right, not subject to Government intervention. The Chicago law is unconstitutional, and the Appeals court is clearly in error.

    I bet dollars to donuts that the Supreme court will correctly interpret the constitution on this issue when it gets there.
    This one is definitely headed to the Supreme Court. The 9th Circuit, in Nordyke v King, rejected the reasoning used in the 2nd Circuit's Maloney v Cuomo, and is squarely at odds with National Rifle Association of America v. City of Chicago.

    Conflicting appellate rulings make certiorari on at least one of these cases inevitable.

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    Re: Chicago Law Banning Handguns in City Upheld by Court

    One wonders when the first amendment will no longer apply to States?
    Quod scripsi, scripsi

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