Tuesday, March 06, 2012

Gura Wins Another Gun Case

Maryland law found to be unconstitutional in Federal court, and guess who was leading the charge:
  • The Second Amendment right to bear arms is not limited to the home and Maryland's requirement that residents show a "good and substantial reason" to get a handgun permit is unconstitutional, according to a federal judge's opinion filed Monday.

    The right to bear arms has historically been understood to allow for militia membership and hunting, which extends the right beyond the home, U.S. District Judge Benson Everett Legg wrote. States can channel the way residents exercise their rights, but because Maryland's goal was to minimize the number of firearms outside homes by limiting the privilege to those who could demonstrate "good reason," it had turned into a rationing system, he wrote.

    "A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights," Legg wrote. "The right's existence is all the reason he needs."

  • "People have the right to carry a gun for self-defense and don't have to prove that there's a special reason for them to seek the permit," said his attorney Alan Gura, who has challenged handgun bans in the District of Columbia and Chicago. "We're not against the idea of a permit process, but the licensing system has to acknowledge that there's a right to bear arms."

    The lawsuit names the state police superintendent and members of the Handgun Permit Review Board.
The naming (and holding liable) of government officials who would seek to deny citizens their Constitutionally protected Rights is genius. A few financial judgements against police executives and unelected "review boards" may restore power to the citizenry and away from government.

And speaking of the Right to Carry:
  • The Colorado Supreme Court ruled on Monday that students and employees with concealed weapon permits can carry handguns on University of Colorado campuses, overturning a ban by the school's regents.

    Gun-rights advocates had challenged the university policy that was adopted in 1994, arguing that the university's governing board had superseded state gun laws.

    The justices agreed, noting that the state's concealed-carry law, passed by the state legislature, trumped the university's policy.

Interesting how the bastions of liberal thought constantly think they can supersede the laws of the state.

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23 Comments:

Anonymous Anonymous said...

Imagine how many more people would be alive if this was allowed at all the schools. Think about all the shootings at various schools. If a gunman faced multiple citizens armed and trained then things would be much different. Kind of like a variation on the belief that "one soldier in the right place at the right time can change the world."

3/06/2012 12:08:00 AM  
Anonymous Anonymous said...

What are the chances that Quinn would allow CC in Illinois? Weak to none. If ISRA wants to pass CC in Illinois, they should introduce bill that would omit Chicago from CC license. Once the crimes in Illinois (and Cook county) start dropping, Chicago should be added later to that bill. That's the only way CC can get through in Illinois.

3/06/2012 12:11:00 AM  
Anonymous Gun RIghts Guy said...

Illinois Gun Owners Lobby Day is tomorrow, MARCH 7th....

If you can't make it down to Springfield to join in the rally and march, be sure to call your elected officials (State Rep, State Senator and Alderman) and demand they support our second amendment right...

Let your rep know you support HB 148 - Right To Carry as well as other the other pro 2A bills....

SUPPORT HOUSE BILLS ###
3796 - 4717 - 5151 - 5159 - 5340 - 5489 - 5565 - 5649 - 5681 - 5682 - 5745 - 5913 -

OPPOSE HOUSE BILLS ####
1294 - 1599 - 1855 - 3365 - 3809 - 3845 - 4149 - 4457 - 4673 - 4679 - 5167 - 5424 - 5831

visit the link below for more info

www.isra.org/legislation/

3/06/2012 12:47:00 AM  
Anonymous Anonymous said...

People should be liming up to file civil rights law suits against that state and the particular state officials involved.

Our UUW law is completely unconstitutional and just think what a ghetto lottery win that is going to be when that it is struck down by the courts. Everyone ever prosecuted under it is going to get a payday.

But I assure you; the state will spend every dollar of our money to protect the people responsible for that one. Illinois bonds are going to be worth as much as Greek bonds after that blows up.

3/06/2012 03:31:00 AM  
Blogger somewhatrabid said...

Anonymous said...
What are the chances that Quinn would allow CC in Illinois? Weak to none. If ISRA wants to pass CC in Illinois, they should introduce bill that would omit Chicago from CC license. Once the crimes in Illinois (and Cook county) start dropping, Chicago should be added later to that bill. That's the only way CC can get through in Illinois.

3/06/2012 12:11:00 AM

Quinn wouldn't sign any CC law in this state, Chicago included or not. Passage requires a veto proof majority, where Quinnochio's signature would not be needed. The legislature fell three votes shy before the bill was pulled for postponed consideration last May. The tides have turned. Preemption is a must, Chicago included.

3/06/2012 06:28:00 AM  
Anonymous Anonymous said...

As for our libatard state remember that ISRA IGOLD is Wednesday if you want to wake up the crooks in Springfield

3/06/2012 07:15:00 AM  
Anonymous A cop that supports the 2nd. and ccw said...

Speaking of allowing guns on college campus, if you want to read an accurate accounting of what happened at Virginia Tech in 2007, the worst school campus massacre in American history, read "Shooter Down" by John Giduck. 33 students were killed on 11April2007 as a result of a deranged student,Seung-Hui-Cho. Had one, just one of the teachers, school administrators, support personel been allowed to ccw, the coward Cho would not have been able to harm as many people as he did.

3/06/2012 07:34:00 AM  
Anonymous Anonymous said...

Cook County is the biggest reason for concealed carry.

3/06/2012 07:57:00 AM  
Anonymous Anonymous said...

Maybe someone should go after Daley for the tax money he wasted suing the gun industry a few years back.

3/06/2012 08:12:00 AM  
Anonymous Anonymous said...

Sue Madigan and Ramh.

3/06/2012 08:12:00 AM  
Anonymous Anonymous said...

You are right. Illinois' gun laws and Chicago's gun ordinance prohibit the exercise of a fundamental right to keep and bear arms by peaceful citizens and are unconstitutional. The right extends beyond the four walls of one's home and should be curtailed only in "sensitive" places such as prisons and mental hospitals.

3/06/2012 08:15:00 AM  
Anonymous Anonymous said...

Why does llinois continue to be saddled wih anti-gun Dum-o-crats ?

3/06/2012 08:26:00 AM  
Anonymous Anonymous said...

Of course bastions of liberal thought can over-ride everyone else's rights!

They're way more thoughtful than the rest of us, don't ya know? Vastly superior beings, really.

3/06/2012 09:29:00 AM  
Anonymous Anonymous said...

Last month Judge Sue Myerscough of Illinois Courts ruled that guns in Illinois are only limited to home. The case is being appealed to U.S. Appeals court.

If Supreme Court ruled that Maryland right to carry doesn't stop at the home, neither should Illinois. We will have concealed carry soon.

3/06/2012 10:39:00 AM  
Anonymous Anonymous said...

What about that bastion of republican thought in Indiana which will allow homeowners to shoot law enforcement officers if said homeowner thinks (feels/believes) the officer is on their property illegally, and that bullshit is supported by the NRA..................................Rep. Craig Fry, a Democrat, says the bill “is going to cause people to die and it’s too late after somebody dies for a jury to sort it out. Somebody’s going to die, whether it’s a police officer or an individual who thinks a police officer is entering their home unlawfully. People are going to die.”

Fry’s colleague, Democratic Rep. Linda Lawson, a former police captain, says the bill would create an “open season on law enforcement,” and is opposed by “1,250 state police officers and 14,000 men and women in blue, brown and green.”

Republicans claim the bill actually protects police officers, but what it really does is give paranoid gun toting anti-government nut jobs the legal ability to shoot any officer that steps in their home or on their property. It allows those who commit a crime to have a safe haven from police officers who pursue them.

Read the whole article by linking below. As I always said, politicians are all the same. They just need dopes to take sides so they can count of votes to keep them in office where they make real decisions on how they can pad their bank accounts.

http://www.courierpress.com/news/2012/mar/01/indiana-house-approves-bill-covering-police-enteri/

3/06/2012 11:15:00 AM  
Anonymous Anonymous said...

Michael Madigan and to every Cook County state rep that wipes their ass with the U.S. Constitution. Pay attention. CCW IS coming to Illinois soon, either get on the bus or you'll be under it.

3/06/2012 11:37:00 AM  
Anonymous Anonymous said...

Fuck the schools ... I want everyone to have a weapon in case we are attacked by China, or some other nation .... yes, I am being serious

3/06/2012 12:32:00 PM  
Anonymous Anonymous said...

PLEASE consxider a memebership to ISRA and the NRA.

And PLEASE visit IllinoisCarry.com

3/06/2012 01:51:00 PM  
Anonymous Anonymous said...

Rights are rights.
Chicago charging for registration - unconstitutional.
FOID card - unconstitutional.
And I'm a liberal.

3/06/2012 03:35:00 PM  
Anonymous Anonymous said...

Fuckin' A, man! Fuckin' A!!! For all the bullshit suits filed against this city and the CPD, I'd love to see people sue the city, state and politicians (personally) and win. I'd love seeing wallets opened by Rahm, Daley, Quinn and all these other clowns. Pay law abiding citizens for having their rights denied. If you got a clear CQH, I'd never arrest you for carrying a pistol.

3/06/2012 03:41:00 PM  
Anonymous Lou said...

There have been several bills recently introduced in the Illinois House that are attempting to tax a basic Constitutional right.

HB 5831 would require the registration of all handguns in Illinois and require the payment of a $65 fee for each handgun plus an additional fee upon renewal. Reading this proposed law brings up several questions;

1}Would criminals register their handguns?
Chicago already requires the registration of handguns, along with a sizable fee. How many criminals have registered their handguns in Chicago? Has the registration lowered the violent crime rate in Chicago? The answer to that is self evident. The Supreme Court has ruled in Haynes v. United states that convicted felons{criminals} are not bound by mandatory firearms registration laws because doing so would violate their 5th Amendment right against self incrimination. Canada is currently in the process of eliminating their “long gun registry” because it has proven to be a colossal waste of money and has not been successful in solving any crimes.

2} How will taxing and further restricting law abiding citizens {the only people required to pay the tax and register their handguns} reduce violent crime?
The people who would follow the law are not the ones committing violent crimes in Chicago.

I have heard the argument that “we register and tax cars so why not firearms?” The obvious answer is that the right to own a car is not guaranteed by the Unites States Constitution.


HB5167 was introduced by Rep. Cassidy {D-Chicago} which would impose a 2% tax on Firearms ammunition sold within the state. The money supposedly would go to fund trauma centers in high crime areas. The interesting thing about ill-conceived bill is that there are currently no stores within the city limits that sell ammunition. The “trauma centers in high crime areas” is a fancy why of saying “Chicago and Cook County.” What Rep. Cassidy is really saying is lets tax ammunition that is sold outside of Chicago to pay for the lack of Chicago’s ability to control violent crime.

The more important question when has it ever been Constitutional to require a tax be paid in order to exercise a basis Constitutional right? What’s next, charging the thousands of expected protestors to the upcoming G8 and NATO meetings a tax in order exercise their First Amendment right of free speech to pay for police protection? Maybe charge a tax per head to attend church in order to make up for their tax exempt status?

It is never allowable to tax Constitutionally protected rights.

3/06/2012 06:56:00 PM  
Anonymous Anonymous said...

Possesing,owning and carrying a firearm in the United States is a Right under the constitution. Education is not. I'll bet most people,in Chicago, even politicians don't know that.

3/06/2012 11:02:00 PM  
Anonymous Anonymous said...

As I go about my daily business openly armed here in Arizona, I get nauseous musing on Illinois.

3/07/2012 09:09:00 AM  

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