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Federal judge strikes down Chicago gun law
The Hill ^ | 1/6/2014 | Rebecca Shabad

Posted on 01/06/2014 4:13:36 PM PST by markomalley

Edited on 01/06/2014 4:53:05 PM PST by Admin Moderator. [history]

A federal district court judge in Chicago ruled Monday that the city’s ban on gun sales is unconstitutional.

In a 35-page opinion, Judge Edmond E. Chang from the Northern District of Illinois wrote that the city’s law “goes too far.” Chang was appointed by President Obama in 2010. 

Chang delayed the effect of his ruling, however, in order to allow the city time to respond. In his opinion, he acknowledged the city’s “stark reality” of thousands of shooting victims and murders each year.  

“But on the other side of this case is another feature of government.: certain fundamental rights are protected by the Constitution, put outside government’s reach, including the right to keep and bear arms for self-defense under the Second Amendment,” he wrote. “This right must also include the right to acquire a firearm.”

Currently, Chicago bans the sale of handguns within city limits. The ban was imposed when the city enacted new regulations after the Supreme Court struck down the city’s handgun ban in 2010.

In September, a committee of Chicago’s city council members amended its laws to allow concealed weapons. This change reflected the law Illinois lawmakers passed last year allowing people to carry concealed guns.


TOPICS: Breaking News; Constitution/Conservatism; Government; US: Illinois
KEYWORDS: 2ndamendment; banglist; chicago; edmondchang; gunban; illinois
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To: markomalley

I suspect a audit is in his future.


21 posted on 01/06/2014 5:59:02 PM PST by matt04
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To: centurion316

Yup. Better be checking under the hood of the car.


22 posted on 01/06/2014 6:18:32 PM PST by RetiredArmy (I am proud to be a Christian and follower of my Lord Jesus Christ. Time is short for U to know Him!)
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To: hosepipe

A “wretched hive of scum and villainy.”


23 posted on 01/06/2014 6:19:58 PM PST by pierrem15 (Claudius: "Let all the poisons that lurk in the mud hatch out.")
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To: matt04
"I suspect a audit is in his future."

or even an Obamacare injection, the way things are going they may have to start making house calls

24 posted on 01/06/2014 6:24:20 PM PST by KTM rider
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To: markomalley
A rare smart federal district court judge. Heller and McDonald will be implemented over many years and only with much effort, just like with Brown.
25 posted on 01/06/2014 6:24:29 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Toddsterpatriot

oops. Right sitcom.


26 posted on 01/06/2014 6:36:48 PM PST by elkfersupper
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To: Tenacious 1

Why not just make murder illegal that will solve crime right? These guys are stupid.


27 posted on 01/06/2014 7:27:18 PM PST by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: markomalley

Oh, no. Now the streets will run red with blood because law-abiding citizens don’t have to go to Skokie to buy a gun. Don’t they understand that they’re doing it all for the children?/sarc


28 posted on 01/06/2014 9:16:00 PM PST by Eleutheria5 (End the occupation. Annex today.)
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To: markomalley
From TFA:
Mark Walsh, campaign director for the Illinois Council Against Handgun Violence, said the financially powerful NRA has systematically fought to water down gun laws in Illinois and across the country.

“That's the NRA's game plan. They keep filing suits and filing suits to chip away laws and get to their ultimate goal of a complete armed citizenry,” he said.

Why, I declare, he's right!

I fail to see the problem with a fully armed citizenry. Indeed, the Founders would be proud, I wager.

29 posted on 01/06/2014 9:32:03 PM PST by dayglored (Listen, strange women lying in ponds distributing swords is...sounding pretty good about now.)
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To: RugerMini14

“And Rahm will cut another nice check to the plaintiffs.”

No. Rahm will get payoffs from those who wish to sell firearms legally.


30 posted on 01/06/2014 10:17:28 PM PST by VanShuyten ("a shadow...draped nobly in the folds of a gorgeous eloquence.")
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To: Repeal 16-17

I think it is important to remember that Heller and McDonald did not hold that the Second Amendment in toto applied to the states and municipalities. In fact, so far the Supreme Court has only upheld the rights of all citizens to own a handgun for home protection, nothing more. No rights to a hunting rifle or any other weapon have been found to apply.

This is because the Second Amendment and the rest of the Bill of Rights only protected against encroachment by the federal government. The states were free to make any law contrary to the Bill of Rights. Every decision of the Supreme Court since our country’s founding, has recognized that the Bill of Rights did not originally apply to states and municipalities. Every current member of the Court has also recognized this original intent of the founders. To extend the application of the Bill of Rights, including the Second Amendment, beyond the federal government, the Supreme Court has relied on the Fourteenth Amendment to evolve a judicial process called “selective incorporation.” This holds that certain rights are fundamental, because they are “implicit in the concept of ordered liberty” or because the rights were “deeply rooted in our nation’s history and traditions.” Heller was the first time that the Supreme Court held that the Second Amendment applied against the states and local governments, but again, it did so only to the extent that it recognized the right to own a handgun for home protection. There is indeed a long way to go.


31 posted on 01/06/2014 11:18:42 PM PST by paristexas
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To: markomalley
A federal district court judge in Chicago ruled Monday that the city’s ban on gun sales is unconstitutional.

Big whoop, they will ignore this like all the other rulings.

32 posted on 01/07/2014 12:30:41 AM PST by itsahoot (It is not so much that history repeats, but that human nature does not change.)
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To: Tenacious 1
Chicago is a joke, a circus and bastion of immoral filth, hatred and corruption.

I was stationed on a Nike Base back in 1957 in a small town near Chicago, and frequently hauled Missiles downtown. I picked up lead dimes and quarters there in change, that is really corrupt.

33 posted on 01/07/2014 12:34:00 AM PST by itsahoot (It is not so much that history repeats, but that human nature does not change.)
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To: markomalley

Damn..first Sottamayor sorta does the right thing....

And now this.....

Pray for a reverse Souter..lol


34 posted on 01/07/2014 2:21:13 AM PST by wardaddy (wifey instructed me today to grow chapter president beard back again....i wonder why?)
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To: markomalley
In a 35-page opinion, Judge Edmond E. Chang from the Northern District of Illinois wrote that the city’s law “goes too far.” Chang was appointed by President Obama in 2010

Sotomayor. Chang. One more Obammy judge issuing a sensible opinion and I'll start playing the lottery.
35 posted on 01/07/2014 3:56:27 AM PST by arderkrag (An Unreconstructed Georgian, STANDING WITH RAND.)
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To: markomalley

Random Act of Justice. How refreshing.


36 posted on 01/07/2014 5:13:22 AM PST by Colonel_Flagg (Some people meet their heroes. I raised mine. Go Army.)
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To: for-q-clinton

Maybe not. Maybe Chang figures that if you arm the minorities...

...They might be more intimidating to the conservatives.


37 posted on 01/07/2014 5:13:23 AM PST by Morpheus2009
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To: markomalley

“Chang delayed the effect of his ruling, however, in order to allow the city time to respond.”

A ruling for the left would take effect immediately.


38 posted on 01/07/2014 5:56:03 AM PST by headstamp 2 (What would Scooby do?)
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To: markomalley
A federal district court judge in Chicago ruled Monday that the city’s ban on gun sales is unconstitutional.

Now if we could just work on overturning the Federal ban on light bulbs.

39 posted on 01/07/2014 6:07:45 AM PST by ElkGroveDan (My tagline is in the shop.)
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To: vpintheak
“Shall not be infringed” Do these morons need to be reminded of what infringe means? I know, the question doesn’t mean much in light of our lost culture in America.

The only "infringement" these thugs recognize is that posed by an armed populace against their designs for a totalitarian police state.

40 posted on 01/07/2014 6:10:01 AM PST by ScottinVA (Obama is so far in over his head, even his ears are beneath the water level.)
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