Will the Supreme Court strike down the Chicago gun ban?

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Well..

In taking this case the Court has opened a landmine for State and Federal laws. If they hold that the second amendment is valid and binding on the states, then all the State laws relating to any right enumerated in the Bill of Rights, the Constitution or the Amendments are subject to those documents. This will then open action against State laws in many other areas.

If they hold that the second amendment does not apply to the States through the path of the 10th and 13th amendments, then the Federal laws regulating actions within a state are in danger. As it is, there is starting to be a concerted attack on using the ICC clause as a basis for Federal law regulating activities that take place inside a State when those activities do not cross state lines.

I suspect that the court will take the position that outright bans like Chicago's are unconstitutional. The will most likely follow the position staked out in the Heller decision, striking down the total ban, and substituting an ability of the States and Cities to implement limitations on ownership.

My preference would of course to see the Second Amendment upheld as it is written, but we all know that is not going to happen. We actually need to demand that Congress change the gun laws to more reasonable standards. The things that I would like to see would include the acceptance of CCW permits for interstate travelers, changes to the NFA to remove the barrel length restrictions while retaining the overall length restrictions, and opening the NFA registry for additional full autos....Show more

We will get to see how biased sotomoyor will be on this subject. Most predictions see the fall of the chicago ban. But chicago will still enforce it. And daley will just have some dead people vote for him. Losing the olympics and his handgun ban will sure hurt his re election if he wasn't having dead people vote for him.

As for sotomoyor. When it came to heller 9/9 supported the right to keep and bear arms but the decision was 5/4. Her former was one of the four that was not in favor of heller so no net loss. And sotmoyer not voting in favor of repealing the ban is a given since she doesn't believe you should own a gun or even have the right to defend yourself but I doubt she will try to rock the vote since this issue was brought up so much in her testimonies....Show more

I'm not familiar with the details of the Chicago law, but I think it's likely it will be found to be overly restrictive, though they'll allow a good deal of leeway to the city in keeping very tight controls. And Chicago politicians, getting cause and effect bass-ackwards, will continue to have severe restrictions in order to keep levels of gun crime high, as much as the court will allow. Not a complete ban, but very close....Show more

Lets hope that there are never any gun bans and every gun ban gets repealed. People need to be accountable for there actions not the instrument they use. Guns are part of Americas roots and taking them a way is a bigger crime than crimes that people commit with them....Show more

Above????sensible restrictions sounds like a bad liberal word.....who's sensible restrictions....a liberal like Sarah Brady?? NO! I think not!! I am sure Daley thinks the gun ban is sensible restrictions.

Join the NRA and write your butts off to all of your Representatives and let them know how you feel about gun bans. We have to be heard. We cannot sit around. The liberals are all jumping up and down screaming ban all guns.... and have a powerful voice. We have to get out and be heard.......otherwise you may as well turn them in....Show more