Friday, June 27, 2008

Chicago gun ban challenged in court! Right in Obama's home town!

No rest for the weary. The gun ban supported by Obama is now being challenged in court on 2nd Amendment. McDonald et al v City of Chicago is probably how the case is going to be filed. Mayor Richard Daley was named individually as well. This was filed in US District Court in the Northern District of Illinois, Eastern Division.

ChicagoGunCase.com is the website. Everyone reading this should take a look. Like the DC case, public documents will be posted there. DC case is now binding, so it will be interesting to see how it is adapted to a local ordinance in a state with the federalism provisions.

The legal team here is Illinois attorney David Sigale and the DC v Heller attorney Alan Gura. It's certainly a competent team.

The plaintiffs are Otis McDonald, Adam Orlov, Colleen and David Lawson, Second Amendment Foundation, and the Illinois State Rifle Association.

If this case wins, it is bigger than the DC win. This is pushing for "incorporation" of the 2nd Amendment. Incorporation is through the 14th amendment. Many amendments(through case law) are incorporated and now binding on the states. Will the 2nd Amendment join them? It should, but that remains to be seen.

What is challenged?

1. The Handgun ban.

2. Annual re-registration of firearms.

3. Pre-acquisition registration of firearms.

4. Unregisterable status of some firearms.

5. Unregisterable status penalty under equal protection violations.

The Press Release is here

And there is the story from the Extremely anti-rights Chicago Tribune.

2 comments:

Red Or Dead said...

This has nothing to do with the post.Were can we obtain McCain buttons and Bumber sticker in Livingston county

keithr said...

Livingston County GOP headquarters on Grand River in Brighton.

455 E grand river ave

Ti's in a little shopping center. You won't see it from Grand River, you have to drive around to the back of the building.

Office Hours:

9-2 M, W, F

810-220-0044