Another post-Heller Lawsuit
In Illinois: After months of waiting in good faith for the repeal of a gun ban that never happened, the National Rifle Association (NRA) has filed a lawsuit against Winnetka, IL in U.S. District Court.
4 Responses to “Another post-Heller Lawsuit”
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September 24th, 2008 at 11:09 am
When will they get around to helping us in MA???
September 24th, 2008 at 11:12 am
I think they’re going in Illinois because their bans mimic those of the DC ban. that would lead to incorporation and on from there.
I was surprised no suits in MA or NYC, myself. But the plan makes sense.
September 24th, 2008 at 6:14 pm
When will some city government officials get charged with crimes for willful violation of the U.S. Constitution?
Or should it be considered perfectly acceptable to violate the Constitution after taking an Oath to uphold and defend it?
But the problem there is, every politician in the country would be removed from office. No wait– that wouldn’t be a problem at all. Actually it would be wonderful. Then we could get our country back and elect new douchbags. But they’d be douchbags held to the law.
September 24th, 2008 at 9:15 pm
Going after MA or NY is premature. Winnetka has a total ban, so they’re the low hanging fruit we need for a good incorporation case. Once it’s stare decisis that the Second Amendment applies to the states, then it will make sense to challenge state laws that severely burden the right to bear arms without abrogating it entirely. Bringing such a suit now would run an unnecessary risk of losing on multiple theories, with one minority ruling that the licensing schemes in question are not burdensome enough to constitute an “infringement,” another minority ruling that the RKBA is only good against the federal government, and these two minorities adding up to a majority.