Will US Supreme Court Put a Stop to One Chicago Ban?
The US Supreme Court will put the 32-year-old Washington, DC, handgun ban to the test. The High Court's finding could affect a similar gun ban in Chicago, and other restrictions on the Right to Bear Arms in effect across Illinois municipalities.
The gun debate has been a sidebar issue raised during recent events in Illinois, including the NIU campus tragedy in which the shooter lawfully owned the weapons used, and the more recent Bischoff-Giroux murder-suicide in Elmhurst in which the shooter used an illegally procured gun. Weapons-rights advocates suggest in either of these tragic events, the victims had the rights, and should have had the choice, to be armed and defend themselves, particularly since gun laws do not keep weapons out of the hands of the perpetrators of such crimes.
We welcome you comments and points of view on this debate, and share with you two related video clips. The first is a Heritage Foundation video on the Second Amendment. The second is a news report on the Supreme Court's decision to hear the case from Al Jazeera, the network that first gave many Middle Eastern citizens access to uncensored programming.
The gun debate has been a sidebar issue raised during recent events in Illinois, including the NIU campus tragedy in which the shooter lawfully owned the weapons used, and the more recent Bischoff-Giroux murder-suicide in Elmhurst in which the shooter used an illegally procured gun. Weapons-rights advocates suggest in either of these tragic events, the victims had the rights, and should have had the choice, to be armed and defend themselves, particularly since gun laws do not keep weapons out of the hands of the perpetrators of such crimes.
We welcome you comments and points of view on this debate, and share with you two related video clips. The first is a Heritage Foundation video on the Second Amendment. The second is a news report on the Supreme Court's decision to hear the case from Al Jazeera, the network that first gave many Middle Eastern citizens access to uncensored programming.
Posted by Joseph P McCaffery at 3/21/2008 10:21 PM 
Categories: In the News, Constitutional Law, Firearms Law
Categories: In the News, Constitutional Law, Firearms Law
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4/30/2008 11:50 PM
The Law Blog - Joseph P McCaffery wrote:
After last weekend, one of Chicago's bloodiest of the year with 27 people shot, Mayor Richard M. Daley is supporting a proposal to arm police with semi-automatic assault rifles. Daley urged parents to step up and do their part, but continues to be an advocate for Chicago's gun ban, preventing those citizens from protecting themselves and their families. -
6/26/2008 5:58 PM
The Law Blog - Joseph P McCaffery wrote:
The US Supreme Court issued its opinion in DC v. Heller today, striking down the capital city's ban on handguns. This decision has impact on handgun bans in Chicago and a number of surrounding municipalities. We are prepared to fight these bans...
As Joe learned quite well the other night, I am an an avid supporter of 2nd amendment protection. However, I do not think the 2nd amendment should be incorporated into the 14th amendment. This is one of the only Constitutional questions that can be validly broken down by state.
I come from a state(Oklahoma), that will allow you to carry a concealed weapon without even giving a reason. Now, violent crime in Tulsa or Oklahoma City is almost non-existant. Is this due to the concealed carry laws? who knows, I have not seen any empirical evidence that would convince me one way or the other. However, I have been to 7 countries where ownership of handguns is strictly prohibited. These are not countries that you would call bastions of personal freedoms(Qatar, Saudi Arabia, Iraq etc.)
The best I can do is tell a bit of a story that an ex-soviet soldier that I worked with in a pet store told me in about 1995.
"We were scared to death of an invasion of the U.S., they told us every American owned a gun."
As far as incorporation of the 2nd amendment...well, the Supreme Court has an easy out since it is a DC case. My guess is it will be a very narrow decision. Obviously, whats right for NYC is not right for Broken Arrow, OK(my hometown). As conservative as this particular instance of the Supreme Court is, I would be very surprised if it was extended to situations like Chicago's ban on handguns. They cannot win on an Equal Protection claim, so their only argument is a substantive due process claim, and I'm guessing the Supreme Court is not going to say that the right to bear arms is a fundamental right.
Like I said, I am a huge proponent of 2nd Amendment Rights. "Best left up to the states" is usually a cheap excuse, but in this case I think it is appropriate.
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I can't argue your points because I'm not quite as familiar with constitutional law as you seem to be, but in this state it is so divided by "the state of Chicago" and the state of Illinois - completely different lifestyles, priorities and politics outside of Chicago. Maybe Chicago should try to split off to its own state like Long Island, NY is trying to do!
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Since I was a child I've heard every argument regarding handgun ownership imaginable. My father was a hunter, my father-in-law a proponent of NO guns, period.
As a resident of San Francisco I see the problems faced by Chicago, citizens and police. The only thing I've really learned through all my years is "upping the ante" by providing more deadly weapons to our police force or banning gun ownership by civilians has not solved violence in our urban areas. I don't know what the answer may be but the insistance on placing all attention on guns and not the violence perpetrated with guns is getting us nowhere.
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