New York Times is Still Fighting the Last War

Today’s New York Times ran an editorial entitled “The Hard Work of Gun Control”. While it was originally published on July 9th, they saw fit to re-run it in their Sunday paper just in case the elites didn’t read it the first time.

Like the dissenters in the McDonald decision, they are still fighting the Heller decision. It must have killed them to acknowledge that, “the law of the land is now that people have a constitutional right to a gun in their home for self-defense.”

They did concede that they thought Chicago’s new gun law was flawed and would likely be overturned.

Cities and states have a need to be extremely tough in limiting access to guns, but they need to do it with more forethought than went into the Chicago ordinance. Lawmakers there sensibly limited residents to one operable handgun per home, with a strict registration and permitting process. But residents are not allowed to buy a gun in the city. They must receive firearms training, but ranges are illegal in the city. Chicago lawmakers sloughed off on the suburbs the responsibility to regulate sales and training. As a result, more people will travel more miles to transport guns.

The law is likely to draw heightened equal-protection scrutiny from skeptical judges at all levels. Chicago would have been better off allowing gun sales under the strict oversight of the police department, which could then better check the backgrounds and movements of every buyer and seller. The District of Columbia passed a largely similar ordinance last year after its law was struck down by the court. But it permits sales at the few gun shops in the district, and a federal judge upheld that ordinance after it was challenged. It could stand as a model for other cities.

They thought the lawsuit against the new Chicago gun law was over-the-top.

It disputes virtually every aspect of the law as a violation of the Second Amendment and poses ludicrous hypothetical situations to show that everyone needs a gun. “If an elderly widow lives in an unsafe neighborhood and asks her son to spend the night because she has recently received harassing phone calls,” the lawsuit complains, “the son may not bring his registered firearm with him to his mother’s home as an aid to the defense of himself and his mother.” Putting granny in the middle of a neighborhood firefight is preferable to having her simply call the police?

I guess they never heard of the wait times for police response to 911 calls and that the police have no legal obligation to protect you.

They conclude with a call for “tough but sensible” laws and with a shot at Alan Gura and “the gun lobby”.

The gun lobby is going to attack virtually every gun ordinance it can find, if only to see what it can get away with now. (Last week, the same lawyers who brought the Chicago and Washington cases sued North Carolina, challenging a law that prohibits carrying weapons during a state of emergency.)

All I can say as a North Carolinian is “Go Alan!”

Another Chicago Lawsuit

When it rains, it pours. At least that is the way it must seem if you are Hizzoner Mayor Richard Daley. On the heels of Benson et al v. Chicago – the lawsuit the NRA and the Illinois Association of Firearms Retailers is bringing – comes another case, Second Amendment Arms et al v. Chicago.

According to the Chicago Sun-Times and court filings, Joseph Franzese, owner of Second Amendment Arms, and Robert Zieman have filed suit in the US District Court against the City of Chicago, Mayor Daley, and other Chicago officials. Second Amendment Arms is seeking to open guns stores in Lincoln Park and on Michigan Avenue while Mr. Zieman is seeking restitution for handguns confiscated under the 1982 handgun ban ordinance. Second Amendment Arms has filed applications for both of these stores with the City Clerk’s Office.

Franzese wants to open “boutique” type gun stores in Lincoln Park and on Michigan Avenue downtown, according to his lawyer Walter Maksym, one of Drew Peterson’s lawyers in his pending murder case.

“It’s not going to have firearms [on display] or bullets [for sale], and you’ll have to have an FOID card to get in,” Maksym said. “There would be a secure area and after you look at some videos, you can pick out a gun you are interested in and a security guard will bring it in to view.”

Maksym noted you would need an FOID card to see and handle and guns. You would then order the gun and come back to get it later after a background check is conducted.

Here is where it gets interesting. Not only is Mr. Zieman seeking restitution for his confiscated handguns but he indicates that he will seek class action status for the lawsuit as well as restitution on behalf of all other Chicago gun owners who had handguns confiscated under the old law.

The lawsuit is being brought under the 1st, 2nd, 4th, and 14th Amendments of the US Constitution as well as relevant sections of the Illinois Constitution.

You can read the full complaint here.

UPDATE: The Chicago Tribune ran a story today on the Second Amendment Arms lawsuit. Various law professors and other lawyers are quoted concluding that the new law may not be “bullet proof”.

Chicago City Council Approves New Gun Laws

Following their defeat in McDonald v. Chicago, Mayor Daley and the Chicago City Council went back to the drawing board. They approved the new law by a vote of 45-0 this morning.

According to the Chicago Tribune the provisions include:

*Applicants would need a Chicago firearm permit, costing $100 every three years, as well as an Illinois firearm owner’s ID card. They would be required to register all their guns with the city, at a cost of $15 per gun every three years.

*Firearm sales would be banned in the city.

*Chicago residents could register no more than one handgun per month for each qualifying adult in a home.

*People who now own firearms illegally would get a 90-day grace period after the new law takes effect to register the guns without penalty.

*Gun training totaling four hours in a classroom and an hour on a firing range is required before getting a permit. But firing ranges are banned, so training would need to be completed outside Chicago.

*To transport a gun, it would have to be “broken down,” not immediately accessible, unloaded and in a firearm case.

* Firearms could be possessed only inside the dwelling. It would be illegal to have a gun in the garage, on the front porch or in the yard. Guns also would not be allowed in hotels, dorms and group living facilities.

*Only one firearm per permit holder can be kept in ready-to-fire condition. Other guns must be taken apart or have trigger locks in place. In homes with minors, all guns must be secured when they are not in the possession of the owner.

*Permit applicants must be at least 21 years old, unless a parent signs for someone 18 or older.

*Assault weapons are banned, as are sawed-off shotguns and “unsafe” handguns, as defined by the Chicago Police Department, which will maintain an online list of prohibited guns.

Alderman James Balcer is quoted as saying about the restrictions, that “You can buy one pistol a month. What is wrong with that? If you can’t protect your home with that armament, you shouldn’t be here. You shouldn’t be here.” After working that hard to keep the good people of Chicago disarmed for so long while crime ran rampant, perhap it is Alderman Balcer who shouldn’t be there.

UPDATE: Alan Gura gives his impressions of the new Chicago handgun laws.

Chicago’s Texas Ranger Approach to Handguns

The powers that be in Chicago must have read that apocryphal story about the Texas Rangers and “One Riot, One Ranger”

Otherwise, why are they proposing a one handgun limit in response to losing the McDonald case?

It wouldn’t surprise me if Chicago tried to mandate what type of handgun you can own and in what caliber. It would probably be a Thompson-Center Contender in .22 Long Rifle given how they think and I use the word think loosely.

Chicago Loses, McDonald (and America) Wins

In a 5-4 decision, the Supreme Court held for Otis McDonald and his fellow plaintiffs. They reversed and remanded the case back to the 7th Circuit Court of Appeals.

As SayUncle noted, “Chicago, Welcome to America”.

I’ll have more later with a complete roundup of comments from around the blogosphere.

This makes Alan Gura two and oh in the Supreme Court.

McDonald v. Chicago Decision Due Monday

The Supreme Court released seven of the remaining 11 undecided cases today according to the SCOTUS Blog. McDonald v. Chicago, the case that we hope will incorporate the Second Amendment to the states, was not one of them.

It looks like Monday is the day. That is the last day of this year’s October Term. Also, since Justice Ginsburg issued the opinion in Skilling v. United States, the betting is that Justice Alito will write the decision in the McDonald case.

Given that he was called “Machine Gun Sammy” by the Brady Campaign during his confirmation hearings, I hope this will be good for our side. Sebastian at the Snowflakes in Hell is ambivalent about that given that Justice Alito is a Jersey boy and is not part of the gun culture like Justice Scalia. Time will tell.

Awaiting the McDonald v. Chicago Decision

McDonald v. Chicago, the case that we hope will incorporate Second Amendment rights at the state and local level, is still one of the few cases yet to be decided for the Supreme Court’s current term. Custom has it that each justice is assigned at least one opinion per two-week sitting.

The February sitting has two unresolved cases – the Chicago case and one involving the former Enron CEO Jeffery Skilling – and two justices who have not authored an opinion for that sitting. They are Justices Alito and Ginsburg. Dave Hardy has more at the Of Arms and the Law Blog.

The SCOTUS Blog has the statistics on each of the sittings for this October term of the Supreme Court. Note that this “stat-pack” hasn’t been updated to include decisions released today.

It should be noted that Justice Alito was in the majority on the Heller Case and Justice Ginsburg voted against the Second Amendment as an individual right. However, we could all end up being surprised by having Justice Ginsburg write an opinion incorporating the Second Amendment based upon the Privileges or Immunities Clause of the 14th Amendment. And pigs can fly, too.

Homes Owners in Chicago -Two; Crooks – Zero.

Yet Another Chicago Resident Defies Gun Ban, Shooting a Home Invader!

Fortunately for the home owner, there is this (though the home owner will have to deal with Mayor Daley’s moaning and groaning):

The Illinois Legislature addressed city gun bans after Hale DeMar shot a home invader in the Gun Free Zone of Wilmette, IL. This makes it nearly impossible for police to charge people violating the gun ban if the gun/s are discovered after a self-defense incident.

ILLINOIS LAW:

(720 ILCS 5/24-10)

Sec. 24-10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self-defense or defense of another as defined in Sections 7-1 and 7-2 of this Code when on his or her land or in his or her abode or fixed place of business.