July 11, 2011

Slow learner

Just a few years ago it was D.C. with the Heller case, but more recently Chicago has been at the epicenter of disputes over gun rights. The decision in McDonald v. Chicago reversed the obviously wrong-headed city ordinance denying law abiding citizens the right to possess firearms for self protection. Although I’m far less fond (and in great disagreement) with other recent decisions, especially Citizens United (effectively granting Personhood to corporations) and the more recent Wal-Mart v. Dukes (effectively denying Personhood to women) rulings, SCOTUS got it right with McDonald.

But Chicago seems to not get the message. It was just last summer when SCOTUS struck down the Chicago ordinance that effectively banned handguns in the city. SCOTUS, in no uncertain terms, told the city that the Second Amendment applies to states… and therefore to municipalities.

So what did the city do? In the wake of that ruling, Chicago enacted yet another ordinance… this time requiring gun owners to get firearms training, which required practicing at a firing range, but then banned firing ranges within the city limits. Classic fail! Guess what? They found themselves back in court yet again.

Litigation ensued once again claiming that the Chicago ordinance violates the Second Amendment. The 7th Circuit, taking a cue from Heller and McDonald, enjoined the ordinance, ruling Wednesday that those objecting to the ordinance have “a strong likelihood of success on the merits.” The 7th Circuit opinion described the ordinance as “too cute by half” and that it amounted to “a thumbing of the municipal nose at the Supreme Court.

You lose again, Chicago. When are you going to figure out that the American people will not be denied their rights?

Didn’t take long to answer that question. Chicago is a slow learner. In the wake of this most recent ruling the City Council quickly leapt into action, crafting a new ordinance allowing gun ranges in Chicago under strict permitting guidelines… banning ranges within 1,000 feet of a school, park, place of worship, day care center, liquor store, library, museum, hospital, residential district or another gun range.

The Sun-Times reports on the latest Chicago gun ordinance. The NRA told the Sun-Times that the ordinance is so restrictive it could invite another lawsuit. It will and it should. Citizens need to keep pounding on SCOTUS’ door each and every time our government oversteps it's bounds. This our right… and it is our duty. We won’t always prevail, but losing should never dampen the effort.

Now it is time to revisit Citizens United and Wal-Mart....



Old NFO said...

I just wonder how many times (lawsuits) it's going to take??? good post MB!