Court Uphold Chicago's Handgun Ban
Via the Illinois Council Against Handgun Violence
The U.S. Court of Appeals for the 7th Circuit upheld the constitutionality of the Chicago and Oak Park handgun bans by a 3-0 decision. The 7th Circuit said that the Supreme Court’s ruling in Heller that stripped D.C. of its handgun ban only applies to the federal government. Chicago enacted its handgun ban in 1982.
The Illinois Council Against Handgun Violence (ICHV) praised the ruling.
“The 7th Circuit arrived at the correct decision. This ruling saved lives,” said Thom Mannard, Executive Director of ICHV. “The debate over Chicago’s handgun ban is not an abstract legal argument, but about the right of governments to enact sensible policies to keep deadly guns out of our communities. It’s time that more judges, lawyers and legal scholars understood that these important decisions are more than just legal theories, but about preventing gun deaths and injuries.”
Gun violence prevention advocates expect the gun lobby to continue to press its case all the way to the Supreme Court. U.S. Circuit Judge Frank Easterbrook, joined by Circuit Court Judges Richard Posner and William Bauer, said they were bound to follow the precedent of the U.S. Supreme Court in its ruling on the Second Amendment not applying to states. All three federal judges were GOP appointees.
The case is National Rifle Association of America v. City of Chicago, 08-4241, U.S. Court of Appeals for the Seventh Circuit (Chicago).
“If Chicago’s handgun ban is ever overturned by the Supreme Court, it would open the floodgates to challenge every gun control measure in the country. Even more ominous, those facing criminal charges or even those convicted of gun violations could now challenge their status on Constitutional grounds,” said Chester Kulis, a retired federal law enforcement officer, attorney and current board member of ICHV.
The Illinois Council Against Handgun Violence said that the Court’s ruling made crystal clear that sensible gun laws are Constitutional. ICHV pressed state lawmakers to continue to pass stronger gun laws to save lives, such as requiring common sense background checks on all gun sales to keep deadly weapons out of the hands of drug dealers, gun traffickers, domestic abusers, and mentally unstable individuals.
Relative to the rest of the country, Illinois has enacted a host of gun violence prevention policies. Illinois mandates that residents apply for a Firearm Owner Identification Card (FOID) to possess a firearm and ammunition. In addition, state law does not preempt local municipalities and communities to enact their own gun laws; and Illinois is one of only two states, along with Wisconsin, that prohibits the carrying of concealed weapons in public.
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Back in April of this year, the 9th circuit court incorporated the 2nd amendment to include the states. Now the 7th circuit says no, it does not apply to the states. My prediction is.........the supreme court incorporates the 2nd amendment. Game over, gun control dead. : )
"This ruling saved lives".... Yeah, probably. Lives of muggers, armed robbers, murderers, and those who empower them, but victim disarmament (evil people say " gun control ") KILLS innocent people.
Are you kidding me? The Constitution of the United States, the governing document of this country, is a tad more than a legal theory. It is the law . It was designed to keep the government in check, and to protect the rights of the people. Furthermore, disarmament does not prevent gun violence. It increases it! Time and time again, statistics show that the crime rate goes up when law abiding citizens are disarmed. Ultimately, disarmament results in law abiding citizens being helpless against those who don't bother with the law, leading to bolder and less restricted criminals. The "common sense" solution is to do what works, not whatever soothes your utter, piss-your-pants fear of armed citizens. Disarmament is not "gun violence prevention." That is a dishonest euphemism.
If the Supreme Court decides that the Second Amendment does not apply to the States, that is fine. It would seem a bit contradictory, considering the rest of the Bill of Rights does, but whatever. However, that goes both ways. If Illinois is allowed to ban guns , then Montana's recent decision regarding disarmament will also be valid. That will mean Utah, Texas, Alaska, and other like minded States will quickly be throwing out the Federal restrictions. We'll see which states see a rise in crime. I love Federalism.