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Appeals Court: Government Can Require Gun Registration

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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-21-09 04:47 AM
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Appeals Court: Government Can Require Gun Registration
Appeals Court: Government Can Require Gun Registration


An appeals court in Chicago has ruled that the federal, state or local government can require all citizens to register their firearms under penalty of law.

A three-judge panel of the U.S. Seventh Circuit Court of Appeals said that, even after the Supreme Court's high-profile gun rights decision last year, the Second Amendment is no obstacle to mandatory gun registration.

The case arose out of the Chicago-area town of Cicero's mandatory registration requirement for firearms. A local man named John Justice was raided by the Cicero police on suspicion of violating business ordinances including improper storage of chemicals; the police discovered six unregistered handguns during the raid.

Justice runs the Microcosm laminating company on 55th Ave., which sells special adhesives and does custom coatings for customers, and argued in a civil lawsuit that the local ordinance violated the Second Amendment. He did not immediately respond to a request for comment on Wednesday.

In a 3-0 opinion published last Friday, the judges said that this was a different situation from the District of Columbia v. Heller case, which led the Supreme Court to strike down D.C.'s law effectively prohibiting the ownership of handguns.

"There is a critical distinction between the D.C. ordinance struck down in Heller and the Cicero ordinance," the court said in an opinion written by Judge Diane Wood, a Clinton appointee. "Cicero has not prohibited gun possession in the town. Instead, it has merely regulated gun possession under Section 62-260 of its ordinance."


......

Update 1:38am ET: A helpful CBSNews.com reader, James E., was kind enough to point me toward the text of the town of Cicero's regulation. You can find it on Municode.com. The interface is awful, but if you poke around on the menus to the left under Chapter 62, Article VI, you'll find it.

It's a remarkable read. Cicero makes it illegal to possess "any slingshot," or any "laser sight accessory." Non-dealer firearm transfers are prohibited. Carrying a "concealed" knife is prohibited. The unlicensed sale of a "Bowie knife" is prohibited. A quick read shows that it is illegal to "fire or discharge any gun, pistol or other firearm within the town" except at licensed shooting ranges -- which I imagine poses a problem for residents hoping to use a gun for legitimate self-defense.

Anyway, the portion relevant to today's story says: "All firearms in the town shall be registered in accordance with this division. It shall be the duty of a person owning or possessing a firearm to cause such firearm to be registered. No person shall within the town possess, harbor, have under his control, transfer, offer for sale, sell, give, deliver, or accept any firearm unless such person is the holder of a valid registration certificate for such firearm. No person shall, within the town, possess, harbor, have under his control, transfer, offer for sale, sell, give, deliver, or accept any firearm which is unregisterable under this division." (Police, of course, are exempt.)

http://www.cbsnews.com/blogs/2009/08/19/taking_liberties/entry5253857.shtml
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old mark Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-21-09 06:09 AM
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1. Gun laws should be uniform, at least within each state....
The laws you cited regarding knives and other weapoosn only serve to illustrate how much of a mess laws for "control" of other weapons already is - what is perfectly lkegal in town A will get you a prison sentence five milles down the road, and remember that this is mainly at the whim of each individual police officer.
There is so much confusion and misinformation about knives, for example, that a simple folding pocket knife could get you arrested depending on your location and the cop in question.

I know many of you applaud any difficulty thrown up against legal gun owners, but remember that once governments start putting restrictions on one constitutional right, it's no great leap for them to regulate the rest of them, maybe even those of which you approve.


mark
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kctim Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-21-09 08:28 AM
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2. Stupid
How in the hell can President Obama carry the country on his shoulders when his own party keeps piling tons of shit on him.
2010 is going to be more interesting than it should be. Sad.
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