January 7th, 2014

Chicago gun sale ban struck down

A federal court has ruled as unconstitutional a gun sale ban in the city of Chicago.

In the wake of the SCOTUS decisions in Heller (5-4) and McDonald (also 5-4), an outright gun ban is unacceptable. Chicago tried to fine-tune its law to restrict guns a great deal but to still comply with Heller and McDonald, but this ruling says it fell short of that. Now it will probably fine-tune the law some more:

The judge said he was delaying the effect of his ruling to allow the city time to seek a stay during an appeal or, if it elects to forgo an appeal, to consider and enact sales restrictions “short of a complete ban.”

My guess is that Chicago will continue to be very restrictive about lawful gun purchase and possession. And I predict this will have little or no effect on the possession of firearms by criminals, only by law-abiding citizens.

What’s more, note that those two SCOTUS decisions were 5-4. All that has to happen is for one SCOTUS justice to retire or die during the remaining years of the Obama administration, and with a new Obama appointment that entire dynamic reverses and I am almost certain that both Heller and McDonald would end up being overruled.

3 Responses to “Chicago gun sale ban struck down”

  1. DirtyJobsGuy Says:

    Neo, you are right about SCOTUS that it has ceased to be a reviewer of common law and statute and become an appointed legislature. This has happened at times in the past, but beat a rapid retreat. Lower life expectancies in the past lead to shorter tenures on the court and more regular turnover. Perhaps a higher age criteria and a retirement age are required today?

  2. NeoConScum Says:

    On the upside, IF Ruthie G. retires it won’t another Lib to the court; one would be replaced by another. One of the many reasons I was stunned by the Romney defeat in ’12.

  3. NeoConScum Says:

    Ooops…Meant “..add another lib..”

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Previously a lifelong Democrat, born in New York and living in New England, surrounded by liberals on all sides, I've found myself slowly but surely leaving the fold and becoming that dread thing: a neocon.
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