July 7, 2010
Second Amendment lawsuit already filed against new Chicago gun regulationsAs detailed in this brief report, a lawsuit has already been brought challenging the new gun regulations that were adopted in Chicago last week. Here are the basics:
As trader on the Chicago Mercantile Exchange who owns a farm is among a handful of people suing the city of Chicago and Mayor Richard Daley, claiming the new gun control ordinance infringes on their constitutional rights.
Chicago aldermen passed the ordinance last week, just four days after the U.S. Supreme Court struck down Chicago's longtime handgun ban on June 28. The suit, filed Tuesday, asks the U.S. District Court to declare the ordinance "null and void" and prohibit the city from enforcing it.
The ordinance requires anyone who wants to keep a handgun at home to obtain a Chicago firearm permit, take firearms training and have no convictions for a violent crime, unlawful use of a firearm or two or more charges of driving under the influence of drugs or alcohol. Each weapon must be registered, and owners can only register one weapon each month, according to the ordinance.
The National Rifle Association immediately threw its support behind the lawsuit. And the Illinois Association of Firearms Retailers is among those named as a plaintiff in the suit.
Thanks to David Kopel via The Volokh Conspiracy, I see that the complaint in this suit is available at this link.
Some old and new related posts on state litigation and McDonald:
- Chicago's gun control response to the McDonald ruling
- Effective review of state gun laws likely to be challenged after McDonald
- The "Silent Six" states worth watching for post-McDonald Second Amendment litigation
- SCOTUS decides Second Amendment applies to the states in 5-4 opinion
- The likely state criminal litigation impact of McDonald and state applications of the Second Amendment
- Puzzling through the doctrine and dicta of McDonald on the Second Amendment's limits
- Interesting details about the first(?) post-McDonald suit brought in North Carolina
- Should local Wisconsin DA be lauded or lambasted for his broad reading of Heller and McDonald?
July 7, 2010 at 01:38 PM | Permalink
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