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Friday, July 9, 2010

More Suits In Chicago's Handgun Ban

Nothing has seen more Supreme Court action than the 2nd amendment. First, Heller once and for all decided that the 2nd amendment is an individual and not collective right. Then, just recently, the Chicago handgun ban was reversed and it was decided that the 2nd amendment applies to all levers of government federal, state and municipalities.

It took the Chicago city council less than a week to render the Supreme Court decision nearly useless in the city. The city council passed an ordinance that banned gun shops and it banned carrying guns anywhere but in your residence. As such, I can now own a gun. I just can't buy one in Chicago and if I buy one elsewhere, I have to keep it in my place only. Now, that is being challenged as well.

Mayor Richard Daley's newly minted ban on gun stores in Chicago is being challenged in federal court by a man who hopes to sell firearms from a storefront in the Lincoln Park neighborhood.

Joe Franzese, who owns Second Amendment Arms in north suburban Lake Villa, believes the gun regulation passed by the Chicago City Council on July 2 is unconstitutional because while it allows residents to own handguns, it outlaws their sale within the city, according to Franzese's lawyer, Walter Maksym.

"That would be like allowing people to read books, then outlawing libraries and bookstores," said Maksym, who filed a federal lawsuit Friday on Franzese's behalf.

Here is the 2nd amendment again.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

So, now we know that the right of the people applies to individuals, and this right can't be stopped by any government. Now, we are going to find out how far you can go before you "infringe". So, is forbidding gun shops in a city an infringement on that right? The Supreme Court will soon let us know.

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