We have a great post from The NAGR Gun Rights Blog with some more details and insight into the lawsuit against the city of Chicago’s ban on the sale of firearms within it’s boundaries.
“By banning gun shops and the sale (of) handguns, Chicago and Mayor Daley currently maintain and actively enforce a set of laws, customs, practices and policies under color of state law which deprive individuals, including the plaintiffs, of their right to keep and bear arms, and engage in commerce by selling them, lawful products, in violation of the Second and 14th Amendments to the United States Constitution,” the lawsuit alleges.
Even as the number of handguns in the United States has increased by 50% since 1980 the murder rate per capita has decreased 52%.
Are these just pretty graphs and manipulated statistics? Gasp! Or could it be that the handgun ban in Chicago only managed to turn Chicago into “a slaughterhouse where defenseless victims are terrorized by armed thugs who have taken full advantage of an unarmed populace”?
Husband, father, cop and ChicagoNow blogger Joe has this monumental post about the Supreme Court reversal of the Chicago handgun ban. It’s well-researched and supported and really shows how support of our Second Amendment Rights spans civilians to law-enforcement.
In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. See Duncan, 391 U. S., at 149, and n. 14. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amend-ment right recognized in Heller. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings.
This doesn’t mean that Chicago’s decades-long ban on private ownership of handguns will immediately disappear. Mayor Daley showed that he’s happy to spend as much of your money as it takes to fight this case, even after District of Columbia v. Heller told everyone who was not obsessed with failed notions of “gun control” that Chicago’s handgun ban would not hold up.
Now Daley is discussing new avenues of fighting the inevitable, and will do his best to make legal gun ownership in Chicago a bureaucratic nightmare, a bewildering maze of rules, regulations, and insurance mandates. Rest assured that the brightest minds in the Daley administration are already busy working on ways to turn legal gun ownership into a revenue generator for the city.
As for the Mayor’s concerns that loosening Chicago’s gun ban will put cops in jeopardy? Don’t believe it. The existing ban is an object of derision by every street cop I know, and I don’t know of any officer who has a problem with a law-abiding citizen possessing a handgun in his or her home, or place of business. To go even further, the majority of police officers support the right of law-abiding citizens to carry concealed handguns for self-defense.
Cops understand that guns aren’t the problem, especially not guns in the hands of decent, hard-working people like Otis McDonald. The problem lies in the failure of urban politicians to address the pathology in their own constituencies, and to fund and support a criminal justice system that effectively prosecutes and incarcerates violent offenders.
BELLEVUE, WA – Today’s Supreme Court ruling in the Second Amendment Foundation’s challenge of the Chicago handgun ban is “our call to action,” said SAF Executive Vice President Alan Gottlieb.
“This morning’s high court ruling clearly shows that the right of the individual citizen to have a gun is constitutionally protected in every corner of the United States,” Gottlieb stated. “We are already preparing to challenge other highly-restrictive anti-gun laws across the country. Our objective is to win back our firearms freedoms one lawsuit at a time.”
In effectively striking down Chicago’s handgun ban, and incorporating the Second Amendment right to keep and bear arms so that it applies to state and local governments as well as the federal government, the high court affirmed that a constitutionally-protected civil right cannot be arbitrarily regulated as though it were a privilege, he added.
Gottlieb announced that in recognition of SAF’s victory, the organization will host the 2011 Gun Rights Policy Conference in the Chicago area. The event will serve as SAF’s official celebration of today’s Supreme Court ruling.
“By that time,” he said, “we should have some exciting news about other actions we are currently planning.”
The ruling marks another important Second Amendment victory for attorney Alan Gura, who also successfully argued the Heller case in 2008. This time around, Mr. Gura represented SAF, the Illinois State Rifle Association (ISRA) and four Chicago residents. The case was McDonald v. City of Chicago, named for plaintiff Otis McDonald.
“I’m glad the Supreme Court has ended the years of oppression of law-abiding gun owners by the City of Chicago,” added ISRA Executive Director Richard Pearson.
“Thanks to the Supreme Court,” Gottlieb observed, “average Chicago residents like Mr. McDonald will now enjoy the same right of self-defense as a squad of bodyguards provides to Mayor Richard Daley. Now we can work to lower the deplorable violent crime rate in Chicago, something that the anti-gun mayor’s policies have been unable to accomplish.
“The Second Amendment Foundation is delighted to have worked with Alan Gura, who brought together the individual plaintiffs and organized this landmark case for us and our colleagues at ISRA,” Gottlieb concluded. “Today, it feels great to be the most effective community organizer Chicago has ever had.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.