Heller attorney Gura files a new Supreme Court case vs Chicago

[friendly_iconoclast]

http://www.scotusblog.com/wp/a-new-second-amendment-case/

http://www.scotusblog.com/wp/wp-content/uploads/2009/06/mcdonald_cert_petition.pdf

A new Second Amendment case

Tuesday, June 9th, 2009 4:55 pm | Lyle Denniston | Print This Post
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Alan Gura, the Alexandria, Va., attorney who won the historic Supreme Court ruling last year establishing a personal right to have a gun for self-defense at home, started a new challenge in the Supreme Court Tuesday. It seeks to have the Second Amendment right enforced against state, county and city gun control laws. The petition in McDonald, et al., v. City of Chicago, can be downloaded here. (A docket number has not yet been assigned.)

Last week, the National Rifle Association filed a separate appeal raising the same issue (NRA, et al., v. City of Chicago, docket 08-1497). It is doubtful that the Court will consider the two new cases before recessing for the summer, probably late this month.

The McDonald petition involves four Chicago residents, the Second Amendment Foundation and the Illinois State Rifle Association, all challenging a handgun ban in Chicago. Their petition said the ban is identical to one struck down by the Supreme Court in its Second Amendment ruling last June in District of Columbia v. Heller (07-290)......

.....Arguing that the Second Amendment right is a “fundamental” one, the new petition said that means that the Fourteenth Amendment guarantees that such rights “may not be violated by any form of government throughout the United States. Accordingly, Chicago’s handgun ban must meet the same fate as that which befell the District of Columbia’s former law.”

I will get my refreshment from the bitter tears of gun controllers. Going by Gura's track record, they'll
be plenty to go around...

[Hoopla Phil]

1. I wish him much success!

[virginia mountainman]

2. Brady was dancing, when Chicago won last week..

Now they shitting themselves....

[Deadric Damodred]

3. Incorporation, here we come!

[cslinger59]

4. This guy is a machine

I don't think he is stopping with incorporation either. It's like the legal version of an island hopping campaign.

[GrayCoyote]

5. Read the brief...

http://www.chicagoguncase.com/wp-content/uploads/2009/06/mcdonald_cert_petition1.pdf

Privileges and Immunities will likely make a comeback. If this occurs, ALL of the bill of rights will become incorporated fully, and will give a boost to the marriage equality suits that have been and will be filed.

[cslinger59]

8. No problems whatsoever with that.

I am pro equality, pro equal protection whether it is the 2nd, 1st, 4th etc. etc. etc.

Chris

[friendly_iconoclast]

10. Good. ALL of the Bill of Rights must apply to ALL of the people.

And to all the hompohobes trying to keep the marriage laws unequal, may I give a hearty

"Fuck you, the horse you rode in on, and all your Gileadite crew."

[Statistical]

6. Agreed. I listened to him speak in VA.

He is well financed, good at what he does, and feels strongly about it.

That is a winning combination.

He was talking about CCW permit fees, registration fees, licensing fees.
RKBA is a civil right. Courts have ruled you can not charge for civil rights.
Based on his line of talking I think that will be another avenue of attack.

That isn't to say a state can't require a CCW permit but the permit holder doesn't pay.

He likely will start in some place like NY City where the fees are clearly infringing. Some cities the fees are in hundeds of dollars. Not necessary it simply is done to reduce the number of permits.

Also based on his line of talking I think he is going to go after states that prohibit carrying (both open & concealed). If self defense is a civil right (ala Heller) then by what athority does that right stop at your property limit.

Lots of people don't realize Heller just opened the door. In 20 years or so the antis will look back and see Heller as the RKBA version of Midway.

[Statistical]

7. One other thing. He is very good at finding the right case.

Heller v DC was perfect.

By picking DC it bypassed the whole incorporation issue.
By picking a city w/ complete ban it bypasses the whole levels of regulation issue.
By avoiding a case involving felons, machineguns, illegal(unregistered) weapon, weapon uses in a crime, or any other extreme case it bypasses those areas.

The DC case was as cut & dry as you can get.

DC bans all handguns. Does this violate the 2nd?

No way the court could rule and bypass the underlying issue.

Now he goes to Chicago. Chicago ban is almost identical to DC so courts can avoid the underlying issue and say something like "govts have ability to regulate".

No ban in DC = unconstituation. Ban in Chicago = ban in DC.
So once again a very absolute black & white issue.

DC ban is unconstitutional. Chicago ban is also IF the 2nd is incorporated.
Is the 2nd incorporated?

Sadly in the past most RKBA cases involved felons and were poorly represented (Miller for example).
This created broad and ambiguous precedents that have plauged RKBA for decades.

Miller for example was a HORRIBLE case choice. The weapon was sawed off shotgun. Had it been a 9mm or M1 rifle the courts easily could have ruled another way. The use of a "dangerous and unusual weapon" gave the courts an out.

They will have no such luck with Gura. Black & White.

[virginia mountainman]

12. The gun control nuts, clearly over stepped...

Now it is time to ran rod it down their damn throats, teach them, the real meaning of it..

[DonP]

9. You can track the case at Gura's website here

www.chicagoguncase.com

The ISRA and Gura had the appeal brief written and filed within 24 hours of the circuit decision. They knew this was coming and were prepared for it.

I have great hopes for incorporation and sadly, for Daley to continue to spend millions of tax $ more pursuing his gun control fantasies while ignoring the obvious results of his "Ban".

There are so many other things that money could go to instead of his connected law firms. Today he announced that he will be laying off 1000 city union workers in the next 30 days.

[friendly_iconoclast]

11. Thanks for the link.

It's a shame one one hand the Chicago taxpayers are paying the cost for King Ritchie to defend his un-Constitutional laws, but on the other hand they (supposedly) voted his crooked ass into office in the first
place.

[Statistical]

13. Even worse they will pay double

When Chicago loses Gura will sue under federal law that allows attorneys to collect fees from cities for civil rights violations.

So they pay for Chicago failed defense and then pay again for plantif's legal fees.

[raimius]

14. Crosses fingers

I hope SCOTUS takes this, incorporates the 2nd, (and maybe decides on strict scrutiny for the standard of review.)
Gura is VERY smart, so I'm hopeful that his arguments will win.

[proteus_lives]

15. GO! GURA GO!