Supreme Court strikes down Chicago gun ban

[mad1]

WASHINGTON -- The Supreme Court struck down Chicago's ban on hand guns today and extended the reach of the 2nd Amendment as a nationwide protection against laws that infringe the "right to keep and bear arms."

The 5-4 decision voids the 1982 ordinance, one of the nation's strictest, which barred city residents from having handguns for their own use, even at home. The ruling has both local and national implications.

Two years ago, the high court ruled in a case from Washington, D.C. that the 2nd Amendment protects the rights of individuals to have a gun for self-defense. Since the District is a federal city and not a state, the court did not decide then whether the 2nd Amendment could be used to challenge other municipal ordinances or state laws.

In today's decision, the court said the constitutional protection of the 2nd Amendment extends to city and state laws, not just federal measures.

Gun-rights advocates have been closely following the Chicago case. They said a victory for the 2nd Amendment would clear the way for constitutional challenges to restrictions on firearms to be heard in federal courts nationwide.

The ruling against Chicago's ban had been widely anticipated.

The City Council could consider new gun-control measures as soon as Wednesday, Mayor Richard Daley said last week.

City Hall has been drawing up plans after the justices heard arguments in McDonald v. Chicago in early March and appeared to indicate they would rule against the city.

In an interview with the Tribune, the mayor said his primary goal would be to protect police officers, paramedics and emergency workers from being shot when responding to an incident at a home. He said he also wants to save taxpayers from the financial cost of lawsuits if police shoot someone in the house because the officer felt threatened.

"If the ban is overturned, we will see a lot of common-sense approaches in the city aimed at protecting first responders," Daley said. "We have to have some type of registry. If a first responder goes to an apartment, they need to know if that individual has a gun."

Supreme Court extends gun rights in Chicago case - Chicago Breaking News

NO surprise that Daley will try other methods to limit gun ownership, what extent will he go to in wasting tax payer money?

[MTAtech]

So much for Roberts and Alito testifying that they'd uphold precedent and wouldn't legislate from the bench.

It's nice to know that our freedoms are being protected by a mere 5-4 decision, one more liberal judge and it's all over.

Your right to get shot by someone who has no business having a gun is safe with this court.

[Creatures]

Banning guns isn't going to lower the chance of getting shot at. Most criminals already illegally own guns.

so why ban illegal aliens? they are in the country anyway
two problems unable to fix but still laws should be there and enforced to at least try to fix the problem, the problem is how hard should the laws be enforced

Creatures

[Whir]

Hurray for our side (for a change).

[osprey4]

So much for Roberts and Alito testifying that they'd uphold precedent and wouldn't legislate from the bench.

My recollection is that their role is to interpret the constitution, and that's exactly what they did.

"Legislate from the bench" is when the court decides the federal habeas statute may be invoked by aliens detained by the United States military overseas, outside the sovereign borders of the United States and beyond the territorial jurisdictions of all its courts.

[thephilosophizer]

This is a tricky one because the constitution is pretty clear on maintaining the right to bear arms, so I'm inclined to agree that the court made the right decision.
What I would add though is that instead of barring the weapons outright, the most appropriate path may be to make the procurement of firearms more secure, and take longer (mandatory waiting periods, etc.).
I won't advocate that banning firearms outright is the right thing to do. We have a very strong commitment in our nation heritage to be able to protect our individual liberty, and that is where this amendment comes from. But I would point out that every country that has restrictive guns laws, has lower violent crime rates than the US. This is not a coincidence. Philipe Calderon (the president of Mexico) made a plea to congress to be more restrictive on guns, because the ease of access allows firearms to flow from the US to mexico.
So while I acknowledge that firearms play a strong role in our national identity, I would suggest that at the very least we should be more restrictive or at least more careful in terms of access to firearms (safety training, background checks, etc.).

[thephilosophizer]

1. Mexico has lower violence than the US? I thought violence was spilling over from Mexico...

2. Maybe of the border was, like, you know, SECURE this wouldn't be a problem...

I never suggested that Mexico had lower violence than the US, I said that the ease of access to firearms encourage gun trafficking from the US to Mexico.
A secure border is a bit of an illusive thing, more controls at the point of procurement for firearms would be much easier to implement.

[de_day]

This is a tricky one because the constitution is pretty clear on maintaining the right to bear arms, so I'm inclined to agree that the court made the right decision.
What I would add though is that instead of barring the weapons outright, the most appropriate path may be to make the procurement of firearms more secure, and take longer (mandatory waiting periods, etc.).
I won't advocate that banning firearms outright is the right thing to do. We have a very strong commitment in our nation heritage to be able to protect our individual liberty, and that is where this amendment comes from.

Then you just continue to make it harder for the law abiding citizen to protect himself. The criminals don't have a waiting period or have to pass a background check

But I would point out that every country that has restrictive guns laws, has lower violent crime rates than the US. This is not a coincidence.

Do you have facts to back this up? I seem to recall that Australia's violent crime rate went up and the Swiss who require gun ownership has the lowest.

Philipe Calderon (the president of Mexico) made a plea to congress to be more restrictive on guns, because the ease of access allows firearms to flow from the US to mexico.
So while I acknowledge that firearms play a strong role in our national identity, I would suggest that at the very least we should be more restrictive or at least more careful in terms of access to firearms (safety training, background checks, etc.).

I think that most gangs in the news are trafficing in firearms brought IN from Mexico, not the other way around

[Whir]

voogru, can you go one thread without bringing the border into the argument? It has absolutely nothing to do with the 2nd Amendment and you know it.

[Theophylact]

The decision was a foregone conclusion after Heller. The only real question was whether the Court would incorporate the 2nd Amendment under the due process clause of the 14th Amendment, or under the "privileges and immunities" clause. Only our weirdest Justice, Clarence Thomas, held out for the latter. (Slate kicks off a discussion of this today.)

[Creatures]

@de_day: swiss gun laws are stricter than US gun laws and you can not compare swiss "neutral" mentality after nearly 200 years without conflict. we are not afraid of our government and we trust the police and the military to protect us if necessary (although I don't really ;p)

BTW 2006 only 36 gun related murders for about 7.5 million people. I was impressed myself when I saw that number (because there are about 3 million guns in private homes)

Creatures

[Socalgal]

My constitutional right to bear arms and protected myself and my home is safe with this court.

The vote count is way too close for comfort though.

[mad1]

Tell me, how well did those controls work in Chicago? Doesn't Chicago have like a super ultra mega high crime rate?

26 people were shot, 3 fatalities, in Chicago last weekend.

[de_day]

@de_day: swiss gun laws are stricter than US gun laws and you can not compare swiss "neutral" mentality after nearly 200 years without conflict. we are not afraid of our government and we trust the police and the military to protect us if necessary (although I don't really ;p)

BTW 2006 only 36 gun related murders for about 7.5 million people. I was impressed myself when I saw that number (because there are about 3 million guns in private homes)

Creatures

I've been trying to find statistics between inventory runs and you can find numbers to support either side, which leads me to believe that you can't trust any of them. Can someone point us to a "real" numbers website where we can see for ourselves how cities and states fair with or without harsh gun laws?

I still will carry my pistol with me (which is legal in Alabama) because ultimately I am responsible for the safety of myself and my family.

BTW, my adult son has averted a crime twice by showing the would be perpetrator that he was armed. Those numbers don't make the statistics.

and I still love the bumper sticker.....

I'm a supporter of GUN CONTROL... I believe you should hit everything you aim at....

[Whir]

Hehe, I would 'like' this post if I could (ala Facebook).

[no1_vern]

DBL post. see below.

[no1_vern]

Tell me, how well did those controls work in Chicago? Doesn't Chicago have like a super ultra mega high STRICT GUN LAWS?

FTFY. NOT being critical, just helping clear the air. . .

[Shipuuden]

But I would point out that every country that has restrictive guns laws, has lower violent crime rates than the US.

How come the rate isn't higher in other cities with more lax gun policies???

My guess is it has a lot to do with poverty. Just a guess, IDK if there is any evidence to back that up.

[Whir]

"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Ben Franklin


'Nuff said.

[doddsy]

The vote count is way too close for comfort though.

well that's democracy for ya....