Wednesday, August 6, 2008

Chicago gun ban plaintiffs seek summary judgment

The plaintiffs in the lawsuit challenging the Chicago gun ban have filed a motion seeking summary judgment.
The facts of this case are not subject to dispute. Nor can the challenged laws be thought compatible with the right to keep and bear arms. The only significant legal issue before the Court is whether the Second Amendment is binding upon state and local governmental entities through application of the Fourteenth Amendment. Plaintiffs submit that under any theory of Fourteenth Amendment incorporation, Chicago is bound to respect their rights under the Second Amendment. Plaintiffs are thus entitled to a summary judgment granting them injunctive relief.

Read the brief here.

No comments: