Posted on 11/27/2008 8:06:35 AM PST by dbz77
Since the Supreme Court upheld the individual right to own guns last summer, one municipality after another with handgun bans has faced reality. Washington, D.C., which lost the case, changed its law. Morton Grove, Ill., repealed its ban. So did neighboring Wilmette. Likewise for Evanston. Last week, Winnetka followed suit.
Then there is Chicago, which is being sued for violating the Second Amendment but refuses to confront the possibility that what the Supreme Court said may apply on this side of the Appalachians.
When it comes to firearms, Chicago Mayor Richard Daley is no slave to rationality. "Does this lead to everyone having a gun in our society?" he demanded after the ruling came down. "Then why don't we do away with the court system and go back to the Old West, where you have a gun and I have a gun and we'll settle it in the streets?"
From listening to him, you might assume that the only places in North America that don't have firefights on a daily basis are cities that outlaw handguns. You might also assume that Chicago is an oasis of concord, rather than the site of 443 homicides last year.
So it's no surprise that Daley refuses to make the slightest change in the handgun ordinance, preferring to fight the lawsuits filed by the National Rifle Association. He is not impressed that 1) the law almost certainly violates the Constitution, which elected officials are supposed to uphold, and 2) it will cost taxpayers a lot of money to fight lawsuits the city is bound to lose.
The Chicago ban dates back to 1983 -- a time when no one had to worry about the forgotten Second Amendment. The ordinance prohibited the possession of all handguns (except those acquired before the law took effect).
It had no obvious benefits: Homicides climbed in the ensuing years and by 1992 were 41 percent higher than before. But the policy rested undisturbed until last summer, when the Supreme Court ruled that Washington's complete ban on handguns violated the individual right to use arms for self-defense in the home.
If that logic applies to the D.C. statute, it very likely applies to Chicago's law. The city, however, notes that the nation's capital is a federal enclave, and that the court did not say that states must respect the Second Amendment. That's true. The court's ruling also did not say that China is in Asia, which doesn't make it part of South America.
Once upon a time, the Bill of Rights restricted only what the federal government could do: States were free to restrict free speech, conduct unreasonable searches and impose cruel and unusual punishments. But nowadays, the court says that because of the 14th Amendment, passed after the Civil War, states must respect virtually all the rights set out in the Constitution.
There is no reason to think the justices would exempt the Second Amendment from that rule. Ronald Rotunda, a constitutional scholar at Chapman University law school, thinks the Chicago ban has no more than a one in five chance of surviving court review.
That might be worth the gamble except for all the money the city is asking to be relieved of. The losing side would not only have to cover the costs of its own lawyers but also pay the winning attorneys. In the D.C. case, the amount has not been settled, but the lawyers who handled the suit asked the court for nearly $3.6 million, while Washington offered some $800,000. So if Daley insists on fighting all the way to the Supreme Court, the total tab will probably run into multiple millions.
The city says this is not necessarily money that can be saved, since even a revised ordinance could face a court challenge. But sensible changes might deter opponents from pursuing a lawsuit, and if not, at least the new version would stand a good chance of being upheld. Judging from its lawsuit, the NRA is aiming only at eliminating the city's total ban on handguns -- which is what the Supreme Court will almost surely demand anyway.
Daley's recalcitrance may be viscerally satisfying to him and some others, but it doesn't change the choice the city faces. It can change the law now or it can change it later. Later will be a lot more expensive.
I’ve said before and I’ll say it again: If ‘’the Government’’ wants to play footsie with the 2nd. Amenedment its time for ‘’We the People’’ to put the business end of whatever firearm one wishes ‘’to bear’’and say “Ah, you want to do what?’’.
Illinois is a state.
I’ve said before and I’ll say it again: If ‘’the Government’’ wants to play footsie with the 2nd. Amenedment its time for ‘’We the People’’ to put the business end of whatever firearm one wishes ‘’to bear’’and say “Ah, you want to do what?’’.
So, let’s get this straight . . . Daley, who undoubtedly has body guards, is entitled to personal protection, but private citizens and babies, both unborn and born, are NOT entitled to personal protection . . . that makes sense!
What a great country! Can’t wait to get Obamafied!
Chicago is a city.
What’s your point?
Daley asked rhetorically:
“Do away with the court system and you have a gun and I have a gun and we shoot it out in the streets like they did in the Old West...”
A paraphrase of course, but someone should inform the Mayor that places like Dodge City and Tombstone and Abilene had much lower murder rates per capita then his “Modern” city of Chicago...
Never let the facts get in the way of a Anti Civil Rights Democrat..their ability to ignore those stubborn things is legendary.
I’ve said before and I’ll say it again: If ‘’the Government’’ wants to play footsie with the 2nd. Amenedment its time for ‘’We the People’’ to put the business end of whatever firearm one wishes ‘’to bear’’and say “Ah, you want to do what?’’Chicago's political culture is more like the political cultures of Iraq under Saddam, Chile under Pinochet, Serbia under Milosevic, and Zimbabwe under Mugabe than political culture in the rest of America.
If any State Psychiatrist had been at his press conference(s) that he gave after Heller came down, Daley would have been committed on the spot. He blathered on and on basically incoherent. Drool was practically all over his chin. The mere mention of 'Guns' sends him into a psychotic rage.
He is one sick puppy.
“Do away with the court system and you have a gun and I have a gun and we shoot it out in the streets like they did in the Old West...”I heard a rumor that judges in Chicago's court system had a sliding scale of prices for acquittals.
Chicago is a part of the state of Illinois.
Daley and his ilk do not fear guns. They fear the loss of power.
This type of thinking shows that Daley learned his Western history from TV. There were court systems back then, Wyatt Earp and his brothers were involved in a long trial after the shootout in Tombstone in 1881.
Hey!
There is no reason to disparage Pinochet or Milosevic.
And in reality Chicago's political culture is more like the USSR under Stalin. Daley's cronies who get caught get with their hand in the cookie jar by the Feds magically disappear down the memory hole. All of a sudden Daley gets amnesia and will say to reporters,
'Who? Nope, don't know the guy, never heard of him, or who hired him'.And the day before the guy got indicted they were having lunch together.
“I’ve said before and I’ll say it again: If ‘’the Government’’ wants to play footsie with the 2nd. Amenedment its time for ‘’We the People’’ to put the business end of whatever firearm one wishes ‘’to bear’’and say “Ah, you want to do what?’’.”
I hope the NRA & GOA are planning a million man (& woman) march on DC in favor of the 2nd amendment. I’ll bet a full million WOULD turn out. And wouldn’t that give the Dems a thrill!
And in reality Chicago's political culture is more like the USSR under Stalin. Daley's cronies who get caught get with their hand in the cookie jar by the Feds magically disappear down the memory hole. All of a sudden Daley gets amnesia and will say to reporters,Anyone remember Anthony Pizziruli? He was one of Daley's cronies who was caught with an unregistered handgun with the serial number filed off (a federal offense) when he was pulled over for drunk driving. He was not prosecuted.
How can politicians overlook this blatent contradiction of their handgun bans? If politicians lie about this what else do they lie about?
I concur
The Daley family has kept Chicago about 50 years behind other cities in the U.S. in so many ways
If any State Psychiatrist had been at his press conference(s) that he gave after Heller came down, Daley would have been committed on the spot. He blathered on and on basically incoherent. Drool was practically all over his chin. The mere mention of 'Guns' sends him into a psychotic rage.
He is one sick puppy.
Saying "armed populace" to a Democrat is like saying "Nuremberg" to a Nazi. It's a total tyrant buzzkill and puts the fear of God into them for exactly the same reason: Reckoning .
No, I don't. So I tried searching, found one reference to an old article on him finally getting fired from the City payroll. His 'gun problem' was only a snippet.
In any case its not surprising. All the Cook County judges are approved by Daley and the Cook County States Attorney, DICK Devine, wouldn't DARE go after a Daley crony.
But if YOU get caught with a gun in your car with one round in it, or a loaded magazine near the gun, get ready for 10 years in Statesville Prison. That sob hates law abiding gun owners more than blood thirsty gang-bangers.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.