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Will the Supreme Court strike down the Chicago gun ban?
They will have a Supreme Court hearing this Fall about the Chicago gun ban, if unconstitutional local and state gun laws can be repealed by a federal gun rights victory, Heller vs. DC. Sotomayor will be hearing the case too. What are the odds that we will have another gun rights victory like Heller?
I will party like a rockstar when the Chicago gun ban gets repealed along with some of my friends, I hope they repeal that ban because it's unconstitutional, I don't like gun bans.
10 Answers
- ΣΩ guyLv 51 decade agoFavorite Answer
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.
- FatefingerLv 71 decade ago
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.
- John de WittLv 71 decade ago
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.
- 1 decade ago
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.
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- 1 decade ago
* George whatever they supposedly decide, which does not even need deciding by the Supreme Court, Congress, Politicians, or any other Court is that it is UnConstitutional, and a Violation of every U.S. Citizens Rights, Freedoms, and Liberty's in the United States of America which also includes State, County, or Local Laws created by them against, and in violation of the 2nd Amendment to Our Constitution.* No-one and nothing can erase that Fact.* Regardless Free Men do not need Any-ones Approval, Supreme Court Decision, or Permission to; " Keep and Bear Arms in America." ..*..If you are Truly Free in America then this need not be of any concern to you or any U.S. Citizen.*.. * " The People are the Masters of both Congress and the Courts not to Overthrow the Constitution but to Overthrow the Men who would Pervert it.".<Abraham Lincoln<*.. * Try Living Free in America Without Your Guns and Your Ammo; I dare You.".. * " The Real Truth is that few Governments in the World including ours that continues to ignore, violate, and refuses to honor and live up to its own Constitution can avoid a Civil War, Revolution, or Rebellion, and Civil Disobedience with the conditions like the ones created by the Politicians of both Parties have seemingly manufactured in America.*.. * " Only a Criminal, Tyrant, or a Tyranniical Government is Afraid of the Armed American Citizen.*".." In reality the only one Protecting, Preserving, Defending, and Enforcing your Gun Ownership, and the 2nd Amendment Rights are You, Your Gun, and Your Ammo." *.. * " If it was Good enough for our Founding Fathers to provide us with the 2nd Amendment, then its up to each one of us to make sure it is lived up to, or else be willing to Die to Maintain, Preserve, and Protect it with our lives if it becomes necessary to do so.".. Never hesitate, or feel ashamed to Exercise this Precious Right at every opportunity, and your innate Right to Self-Defense." *.." Live Free or Die."..
Source(s): * Run like a Deer.*.......................Fly like an Eagle.*~~ - 2ALv 71 decade ago
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.
- Anonymous1 decade ago
Lets hope they do, I know the NRA is fighting this one way or another just like heller vs DC
Source(s): me gun owner, NRA member - Higgy BabyLv 71 decade ago
I hope so.
However.........we must also realise the crime problems in Chicago, NYC, LA and so on.
We DO need to support sensible restrictions on "criminals" not guns and gun owners.
- Anonymous1 decade ago
we will win this whole mess if we lose our guns well then, we'll start a civil war up for sure