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Black Blade | 07-26-2008 04:28 PM
Chicago lays out handgun legal strategy Chicago lays out handgun legal strategy BY JENNIFER SLOSAR July 25, 2008 | 5:01 PM The City of Chicago is planning to defend its handgun ban with a highly technical legal argument that some law scholars say isn't likely to fly. Mara Georges, the city's chief lawyer, appeared before aldermen yesterday pledging to "vigorously" defend Chicago's 1982 handgun prohibition. The city is currently facing two suits in district court challenging that ban in the aftermath of a June 26 Supreme Court decision that threw out a handgun ban in Washington, D.C. In that case, the court ruled for the first time that the Second Amendment provides a right for individuals to bear arms. Georges says the city is likely to argue that the court's decision applies only in Washington, a federal territory, and not to the states. "The opinion does not say that the 2nd Amendment right to bear arms applies to states or municipalities," says Georges. Some experts say that argument will face tough scrutiny in court. "If I were making policy recommendations to the City of Chicago, it would be back off this real fast, and just get rid of it before it gets into court," says Harry Wilson, a political science professor at Roanoke College in Virginia, and author of Guns, Gun Control and Elections. Wilson says if the city followed that path, officials could replace the current comprehensive ban with limited gun restrictions that would pass muster in court. "There are lots of less extreme restrictions on ownership and possession that would be upheld," he says. University of Chicago law professor Geoffrey Stone also says the city's argument may run into trouble. "It's more likely than not that the Court will end up saying that the Second Amendment governs the states," he says. When the Bill of Rights was first created, the intention was to provide people with rights only against the federal government, Stone says. Over the years, those protections have been extended to the states under a legal theory known as the doctrine of incorporation. Georges says the city is on strong legal ground in defending its ban, citing three Supreme Court decisions holding that the Second Amendment is not incorporated. Stone says there are plausible reasons why the court might not extend Second Amendment rights to states and cities. It's possible, he says that the court might not find the right to bear arms equal in importance to the right to freedom of religion or the right to be free from unreasonable searches and seizures. However, most of the rights found in the first ten amendments have been extended to states and cities. Georges allows that the same could eventually happen with the right to bear arms. "I anticipate that at some time this could have an impact on our gun control laws," says Georges. "But that would not be, at least in my legal opinion, for a while." Meanwhile, she says, the city is prepared to take its case all the way to the Supreme Court if necessary. "We would like to be the test case to be able to present our argument," she says. Richard Pearson, executive director of the Illinois State Rifle Association, says he expects the city's strategy to fall short. "The Supreme Court does say it [gun ownership] is an individual right," says Pearson. "Regardless of whether that individual is in an area governed by the federal government or a municipality, it is still an individual right." http://www.chitowndailynews.org/Chic...strategy,15284

southfork | 07-26-2008 04:40 PM
Re: Chicago lays out handgun legal strategy They should file criminal complaints against the city offcials refusing to abide by the Supreme Court ruling.

mick silver | 07-26-2008 04:50 PM
Re: Chicago lays out handgun legal strategy this guy should go to jail, for making up laws

Twisted Avatar | 07-26-2008 05:05 PM
Re: Chicago lays out handgun legal strategy Effing idiots....... T

Saul Mine | 07-26-2008 06:53 PM
Re: Chicago lays out handgun legal strategy Regardless of the legal prattlings, every judge always knows that his rulings are always subject to renegotiations by force of arms. One of the most important questions he must consider is who has more firepower. After all, the only reason we have courts is to reduce the need for settlement by combat. If he rules the wrong way, there WILL be some gunfights.

Mill Man | 07-26-2008 07:15 PM
Re: Chicago lays out handgun legal strategy What we need is not a banning of handguns but a banning of murder and assault. Lets make murder and assault illegal then people wont do it.

tojaktoty | 07-28-2008 01:32 AM
Re: Chicago lays out handgun legal strategy Quote:
Originally Posted by Mill Man (Post 1210680) What we need is not a banning of handguns but a banning of murder and assault. Lets make murder and assault illegal then people wont do it.
I like your logic. :wink:

honu5050 | 07-28-2008 04:09 AM
Re: Chicago lays out handgun legal strategy "its allways the guns". however take their armed protection away and tptb wont leave their safe havens you can bet on that. :smokin:

Twisted Avatar | 07-28-2008 07:14 AM
Re: Chicago lays out handgun legal strategy 1 Attachment(s) Quote:
Originally Posted by honu5050 (Post 1212140) "its allways the guns". however take their armed protection away and tptb wont leave their safe havens you can bet on that. :smokin:
Nope ........... those ivory towers will be looking reall good to be in 24-7

Twisted Avatar | 07-28-2008 07:19 AM
Re: Chicago lays out handgun legal strategy Quote:
Originally Posted by Saul Mine (Post 1210660) Regardless of the legal prattlings, every judge always knows that his rulings are always subject to renegotiations by force of arms. One of the most important questions he must consider is who has more firepower.
If you have silver ,firearms and the willingness to use them. YOU ARE A SOVEREIGN. You are are beyond the reproach of all laws. And they know it. T

Big_Rob | 07-28-2008 12:45 PM
Re: Chicago lays out handgun legal strategy Quote:
It's possible, he says that the court might not find the right to bear arms equal in importance to the right to freedom of religion or the right to be free from unreasonable searches and seizures.
Wow this Stone guy is another one that fails at history. Doens't he know that the 2nd Amendment is what ultimately guarantees the rights in the 1st and 4th amendments?

Goldhedge | 07-28-2008 02:24 PM
Re: Chicago lays out handgun legal strategy Doesn't Federal law top State?

Twisted Avatar | 07-28-2008 02:27 PM
Re: Chicago lays out handgun legal strategy Quote:
Originally Posted by Goldhedge (Post 1212695) Doesn't Federal law top State?
Only when it is working against you......... the minute they get a ruling they dont like they start squawking about state sovereignity like clockwork. T

Black Blade | 08-01-2008 12:57 PM
Re: Chicago lays out handgun legal strategy http://www.examiner.com/images/blog/...elertoon_c.jpg

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