The Down Range Forum

Member Section => Politics & RKBA => Topic started by: ericire12 on December 19, 2008, 11:32:08 AM

Title: Chicago Handgun Ban Survives First Challenge
Post by: ericire12 on December 19, 2008, 11:32:08 AM
http://www.nbcchicago.com/news/local/Chicago-Handgun-Ban-Survives-First-Challenge.html
Quote
A federal judge on Thursday upheld Chicago’s 1982 handgun ban as Mayor Daley disclosed plans to strengthen it by following Washington D.C.’s lead.

In a 5-to-4 decision in June, the Supreme Court overturned the D.C. handgun ban on grounds that the Second Amendment establishes the right to own a handgun for personal self-defense, the Chicago Sun-Times reported.

Hours later, the National Rifle Association and the Illinois State Rifle Association filed lawsuits seeking to overturn handgun bans in Chicago, Morton Grove, Evanston and Oak Park. Wilmette and Morton Grove subsequently repealed their handgun bans. Chicago held fast.

"City taxpayers are going to pay more money in legal fees for a fight they will ultimately lose. The city is only postponing the inevitable. They won this round. But if this thing goes to the Supreme Court, we will prevail. The court laid out a very compelling case with a lot of foundation for an individual's right to bear arms," said Todd Vandermyde, the Illinois legislative liaison for the NRA.

Following the ruling, Daley said he will host a "gun conference" next month to look for ways to beef up gun laws and get guns off the streets.

The mayor said he would bring in leaders from across the country and people who have lost loved ones to gun violence. He said the attendees plan to review recent Supreme Court decisions that limited how cities can regulate guns.

"I believe the court's ruling presents us with an opportunity to continue our efforts," Daley is quoted by the Chicago Tribune as saying.
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: Fatman on December 19, 2008, 03:09:33 PM
http://www.nbcchicago.com/news/local/Chicago-Handgun-Ban-Survives-First-Challenge.html


Overturned on appeal eventually. Heller was pretty clear,as is the fact the judge that heard this is an activist. No other way I can see why he's ignoring Heller.
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: TAB on December 19, 2008, 03:17:45 PM

Overturned on appeal eventually. Heller was pretty clear,as is the fact the judge that heard this is an activist. No other way I can see why he's ignoring Heller.

or maybe he does not want to stick his neck out.     You guys have to remember, heller was planed by lawyers well in advance of them even know who heller was.
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: tombogan03884 on December 19, 2008, 04:46:46 PM
or maybe he does not want to stick his neck out.     You guys have to remember, heller was planed by lawyers well in advance of them even know who heller was.

TAB's right, the Judge is playing to the script, it will wind up in the Supreme Court and get Heller validated to the States ( There's a lawyer word for it but I can't think of it right now)
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: TSB on December 19, 2008, 05:43:16 PM
TAB's right, the Judge is playing to the script, it will wind up in the Supreme Court and get Heller validated to the States ( There's a lawyer word for it but I can't think of it right now)

Precedent Law:   'A judicial decision that may be used as a standard in subsequent similar cases: a landmark decision that set a legal precedent.'
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: tombogan03884 on December 19, 2008, 10:11:09 PM
Precedent Law:   'A judicial decision that may be used as a standard in subsequent similar cases: a landmark decision that set a legal precedent.'

No, that's not the one I was thinking of. There is a thing where Heller is a ruling that applies to federal districts but has never been applied to a STATE, DC does not count as a State. Once Heller has been found to apply to states as well as Feds.
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: TAB on December 19, 2008, 10:13:44 PM
incorperation is the term your looking for.
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: tombogan03884 on December 19, 2008, 10:16:43 PM
THAT'S IT !  ;D Thank's TAB  ;D
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: walangkatapat on December 23, 2008, 09:11:18 PM
Doesn't the BOR apply to the States?
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: TAB on December 23, 2008, 09:29:36 PM
Doesn't the BOR apply to the States?

Nope, now some of it has been incorperated to the states.  I really doubt the 2a will be anytime in the near future.
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: walangkatapat on December 23, 2008, 09:55:38 PM
No? That's news to me. So whom does the BOR apply to?
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: TAB on December 23, 2008, 10:04:49 PM
federal goverment.
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: walangkatapat on December 24, 2008, 12:31:11 AM
How does the BOR apply to the federal government?
Title: Re: Chicago Handgun Ban Survives First Challenge
Post by: Pathfinder on December 24, 2008, 06:21:45 AM
How does the BOR apply to the federal government?

Barely, as it turns out, or maybe when the Feds want it to.

The Tenth Amendment got dumped eons ago, and in recent memory, the 1st, 2nd, 4th and 5th Amendments have all taken mortal hits.