Appeals court upholds Chicago's strict gun laws

from the Los Angeles Times:



Appeals court upholds Chicago's strict gun laws
Decision by the U.S. 7th Circuit Court of Appeals sets the stage for a Supreme Court battle over whether the 2nd Amendment and its protection for gun owners extends to cities and states.

By David G. Savage
June 3, 2009


Reporting from Washington -- The U.S. 7th Circuit Court of Appeals on Tuesday upheld strict gun control ordinances in Chicago and suburban Oak Park, Ill., setting the stage for a Supreme Court battle over whether the 2nd Amendment and its protection for gun owners extends to state and municipal laws.

In a 3-0 decision, the judges said they were bound by legal precedents that held the 2nd Amendment applied only to federal laws. Judge Sonia Sotomayor, President Obama's nominee to the Supreme Court, in January joined a three-judge panel in New York that came to the same conclusion. Last week, activists cited that decision in calling her an "anti-gun radical."


Tuesday's decision in the Chicago case was written by Judge Frank H. Easterbrook and joined by Judges Richard A. Posner and William J. Bauer. All three were Republican appointees.

One of the lawyers for the Chicago gun owners said he planned to appeal the case to the Supreme Court.

Last year, the high court in a 5-4 decision said the 2nd Amendment "right to keep and bear arms" protects an individual's right to have a gun for self-defense. Before, many judges had said the amendment protected only a state's right to maintain a militia. Though the case gained wide attention, the ruling struck down a handgun ban only in the District of Columbia, a federal enclave. The justices did not decide whether the 2nd Amendment applied the same way throughout the country. ..........(more)

The complete piece is at: http://www.latimes.com/news/nationworld/nation/la-na-gun-rights3-2009jun03,0,1976638.story

Obviously they wanted to rule on it and got themselves on the panel, so I'm surprised the opinion doesn't have a little more heft to it.

Here a group of Republican judges rule against liberalization of gun ownership laws, and
Republicans are probably tearing their hair out because the judges ruled in a conservative
manner. I wonder if they realize how funny THAT sounds.

This split between the 7th and 9th pretty much guarantees that this will be granted Certorari by SCOTUS for the Fall session.

This is about incorporating the Heller decision to compel the states in the same way the 1st and other have been.

It's cost Daley (and the Chicago taxpayers) a few million so far - but they will lose when it gets to SCOTUS again and the 2nd is incorporated.

n/t

Why would you turn on the "bat signal" and then diminish those that respond to same?.

Were you surprised that the 7th Cir. said the the 2nd Amendment wasn't incorporated & that it wasn't up to them to incorporate it?

Do you think that the 7th Cir. should have incorporated the 2nd? Why or why not?

When one of these incorporation cases reaches SCOTUS, how should they rule? Why or why not?

There are a lot of gun laws throughout America. Washington DC was unique in that it said people could not own a handgun. I don't think Chicago has that same law..Some places have laws saying trigger guards are needed. Some say guns on school grounds are illegal. It would be nice to know just what laws are being contested..:shrug:

Our regulations here are pretty close to DC's in many respects.

The only exceptions for handguns is that any alderman can carry one concealed with no permit required.

The 3 judge Circuit panel had to go with precedent of their own prior decisions and basically kicked the can down the road to SCOTUS.

This, and the immediate appeal to SCOTUS, was expected from the first day the suit was filed. I expect Brady to treat this as if it were VJ day now.

Everyone is ready to hang them for bowing to Daley and selling off all the parking meters. If they try to sell Midway Airport again, they'll have to go into hiding.

Seriously, folks ... this is fabulous. If only symbolically. For the 39 Chicago schoolchildren shot this year, in their honor (one of them was the cousin of my husband's T.A.). Sure, you can drive 15 minutes to Indiana and get a gun and shoot another schoolchild. But the message is clear. I applaud it.

other than his (and Posner's) rather conservative approach to civil rights.

If you drive to any Indiana gun store and try to buy a gun the first thing they ask you for is ID.

If you are an Illinois resident you must have a current FOID card and not be a resident of Cook County or Chicago to buy a semi auto rifle or handgun of any kind.

You pay for the gun, assuming you pass the NICS check, and have the gun shipped to a Class 001 FFL in Illinois where the normal 1 to 3 day waiting period still stands.

I bought a new rifle last week so it's the fact, not some ones idea of what happens.

The gang members doing the shootings are NOT buying their guns at Indiana gun stores or at gun shows.

Right. Illinois can try to create as many elite gun trafficking law enforcement units as it wants, but Indiana (and Mississippi) are still open territory.

No one was suggesting that criminals and gang-bangers go to gun shops to buy their weapons. This is why we need more federal laws and enforcement, not just municipality by municipality.

When you can buy, or more often rent, the 9mm or 40 of your choice on a street corner in Englewood, Chatham, Pilsen et. al.?

The point is passing another round of Daley style gun bans has ZERO impact on street crime in Chicago. It's just a pain in the ass for the target shooter in Bonfield or the pheasant hunter in Decauter. The handgun ban has been in place for over two decades now with no impact. Daley's response is to try and ban semi automatic rifles that were used in exactly 3 crimes in Illinois all last year.

He does it to make it look like he gives a damn and cares. It's "feel good" action for the media at its worst.

Maybe it's time to try actually doing something about the root problems that create and allow the gang culture to flourish. But Daley is a stubborn shithead and is more concerned with keeping the votes, at the cost of 400+ murders a year in minority neighborhoods.

I don't mean to sound like an a-hole but several times a year we go through the same drill.

Some kids get shot by gang members, the ministers and outraged community all march for a night or two in the streets. Daley announces a push for another gun law or Pfleger calls for another gun buy back and we all wait for the next round of shootings.

It's as structured as Kabuki theater. They never try to do anything different and it's always that "one more gun law" that will make a difference.