"DeMar went to court, arguing that the charges against him should be dismissed because they violated his 14th Amendment"
This case proves what I have contended for many years. Law students and subsequently, practicing attorney's, have never been taught and have no idea how to argue constitutional law and jurisdiction.
The Cook County judge ruled correctly.
DeMar would first have to establish federal constitutional jurisdiction within the boundaries of sovereign state in order to exert a federal constitutional right.
Second, the proper right has to be exerted. The right to keep and bear arms is a 2nd amendment right.
Third, the Illinois Constitution states:
"SECTION 22. RIGHT TO ARMS Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed."
The bottomline is, in the State of Illinois, the citizens have no state protected, constitutional right to keep and bear arms because that right is always subject to the state (which equals municipal) police power.
DeMar's attorney should have used the 14th amendment as the constitutional basis for the federal 2nd amendment to have jurisdiction within the boundaries of a sovereign state.
Then argue that a citizen of state of Illinois is also citizen of the U.S. and is entitled to all of the "privileges and immunities" protected by the federal constitution.
"Due process" rather than "P&I".