Chicago gun sale ban struck down
A federal court has ruled as unconstitutional a gun sale ban in the city of Chicago.
In the wake of the SCOTUS decisions in Heller (5-4) and McDonald (also 5-4), an outright gun ban is unacceptable. Chicago tried to fine-tune its law to restrict guns a great deal but to still comply with Heller and McDonald, but this ruling says it fell short of that. Now it will probably fine-tune the law some more:
The judge said he was delaying the effect of his ruling to allow the city time to seek a stay during an appeal or, if it elects to forgo an appeal, to consider and enact sales restrictions “short of a complete ban.”
My guess is that Chicago will continue to be very restrictive about lawful gun purchase and possession. And I predict this will have little or no effect on the possession of firearms by criminals, only by law-abiding citizens.
What’s more, note that those two SCOTUS decisions were 5-4. All that has to happen is for one SCOTUS justice to retire or die during the remaining years of the Obama administration, and with a new Obama appointment that entire dynamic reverses and I am almost certain that both Heller and McDonald would end up being overruled.
Neo, you are right about SCOTUS that it has ceased to be a reviewer of common law and statute and become an appointed legislature. This has happened at times in the past, but beat a rapid retreat. Lower life expectancies in the past lead to shorter tenures on the court and more regular turnover. Perhaps a higher age criteria and a retirement age are required today?
On the upside, IF Ruthie G. retires it won’t another Lib to the court; one would be replaced by another. One of the many reasons I was stunned by the Romney defeat in ’12.
Ooops…Meant “..add another lib..”