Chicago Law Banning Handguns in City Upheld by Court

[esaabye]

http://www.bloomberg.com/apps/news?pid=20601087&sid=awIn1M4tWxi8&refer=worldwide

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.

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As I recall all rights not expressly reserved for the fed was to go to the state. This is the first time I have seen the courts directly counter that in favor of the state, typically they are pushing the other way.

It seems odd that they always come down on the side of removing rights.

[sniper7]

It will end up to the SCOTUS. hopefully they will tell chicago to get a fucking clue. their requirements are ridiculous.

and people say the NRA does nothing to help...

[AK545Man]

I thought it was cool to be an upstanding citizen and not break the law. But I guess you only get punished for it.

Maybe I should turn into a thug. It seems as though they have no consequences anymore.

[RRD3]

Well then I guess when Obama bans all weapons then it doesn't apply to the States. Just his house.


Such a bunch of bull shit

[MrPrena]

http://www.bloomberg.com/apps/news?pid=20601087&sid=awIn1M4tWxi8&refer=worldwide

U.S. Constitution’s Second Amendment, didn’t apply to states and municipalities.

[/COLOR]

Last time I remember, Chicago is part of US. What were those judges thinking?
What's next? 1st and 3rd admendment? :(

[theGinsue]

It used to be generally understood that the U.S. Constitution was the supreme law of the nation and the protections and freedoms afforded by the Const. applied above and beyond ANY other law that existed anywhere in the country.

Note that this decision wasn't made at the Chicago or even Illinois level, it was made by a U.S. Court of Appeals panel. I believe (I may be wrong) that even a District Federal Court can't overturn this decision - only the SCOTUS can. Until that time, and based on this decision, any governor, mayor or City Counsel can suspend all of your Constitutional rights - including protection from unlawful search and seizure and a right to a fair trail. It's definitely time to be afraid!

[mightymouse]

It's already headed to the SCOTUS.

Three Districts (9, 7 and 2 I think) are in conflict, two say that Heller applies to the state via Incorporation, the other says it doesn't. The SCOTUS will have to resolve the conflict of law that currently exists.

* The Second Circuit has held that the Rodriguez de Quijas principle of judicial hierarchy, together with Cruikshank, Presser, Miller, and precludes lower court incorporation of the Second Amendment.
* The Seventh Circuit agrees, but also appears to think, in significant tension with Heller, that the right of self-defense by force of arms is quaint and that to recognize it as applicable to the States would represent an assault on federalism.
* Finally, the Ninth Circuit believes that Rodriguez de Quijas is inapplicable and that the historical and legal case for Second Amendment incorporation under this Court’s modern lines of due process cases is clear.

[theGinsue]

It'll have to wait ot even get on the docit until they go back into session in the fall - after Judge Soto-Im-a-hispanic-racist has been confirmed.

A lot of damage can be done by that time too.