Saturday, July 26, 2008

Chicago "confident gun ban will stand"

Chicago, as expected, looks like it will fight to keep its gun ban in place. The city's lawyer says she is confident the city's ban will withstand the upcoming legal challenges:
[Chicago City Corporation Counsel] Georges tells Aldermen the Supreme Court’s decision on Washington, D.C.’s handgun ban shouldn’t apply to Chicago, because previous Supreme Court rulings have said Second Amendment "right to bear arms" doesn’t apply to local governments, like Cities. She says D.C. is a federal jurisdiction.

And Georges is confident that, and other arguments, will prevail, at least in the lower courts. But, she admits, it’s hard to predict what the current Supreme Court will do. Still, it could be years before we find out.

This is actually good news. One of the key strategic reasons to challenge the Chicago ban, which is essentially similar to D.C.'s ban, is to raise and have the Supreme Court resolve the incorporation issue, that is, whether the Second Amendment applies to the states, and not just the federal government. The Supreme Court didn't need to decide the incorporation issue in its Heller ruling because Washington, D.C. is a federal enclave, and not a state.

So it looks like we can count on the anti-gun Chicago politicians to help us apply the Second Amendment to the states, as it was intended to apply after passage of the 14th Amendment.

Thanks, Chicago, we knew we could count on you! :)

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