Found at Bloomberg:
A Chicago ordinance banning handguns and automatic weapons within city limits was upheld by a U.S. Court of Appeals panel, which rejected a challenge by the National Rifle Association.
The unanimous three-judge panel ruled today that a U.S. Supreme Court decision last year [District of Columbia v. Heller], which recognized an individual right to bear arms under the U.S. Constitution’s Second Amendment, didn’t apply to states and municipalities.
Adopted in 1791 as part of the Bill of Rights, the Second Amendment reads in its entirety: “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.”
In Heller, the high court struck down Washington’s 32-year- old gun law, which barred most residents of the city from owning handguns and required that all legal firearms be kept unloaded and either disassembled or under trigger lock. Six residents had challenged the law, saying they wanted firearms available in their homes for self-defense.
Chicago U.S. District Judge Milton Shadur on Dec. 4 rejected the NRA’s request that he apply the Heller ruling to the Chicago and Oak Park laws, stating he was bound to follow a 1982 appeals court ruling upholding a ban by the Illinois village of Morton Grove.
A San Francisco-based federal appeals court, with jurisdiction over cases from California, Oregon, Washington and six other Western U.S. states, in April ruled the Second Amendment can be read as applicable to states and counties.
“This thing is headed for the Supreme Court,” University of Chicago Constitutional Law Professor Richard Epstein said in a phone interview.
“This is a question where you cannot run a split administration and there’s no way the circuits can resolve this amongst themselves,” he said.
OK, so the Seventh Circuit U.S. Court of Appeals in Chicago says the Second Amendment only applies to the federal government, not to state and county government. Does that also mean none of the other nine amendments in the Bill Of Rights are applicable to states and counties?
- Can states and counties prohibit free speech, free assembly, and freedom of religion?
- Can states and counties forcibly house the military in your private residence?
- Are states and counties free to commit unreasonable search and seizure?
- Are states and counties allowed to take private property for public use, without just compensation.
- Can states and counties prohibit a speedy trial, a public trial, and your right to counsel?
- Can states and counties deny a civil trial by jury?
- Can states and counties allow excessive bail and cruel and unusual punishment?
You see, this is not just about guns, it’s about your personal freedoms. If the Bill Of Rights do not apply to states and counties then what level of abuse can these states and counties be legally allowed to do?
Many of you don’t care that Chicago can ban the right to keep and bear arms. But how many of you would get irritated if this same Chicago made a rule that only Islam is allowed to be practiced within their city limits? How many of you would get irritated if this same Chicago made a rule that you are allowed to speak only after the government has edited your speech? How many of you would get irritated if this same Chicago started housing the state’s National Guard troops in your home without any compensation? How many of you would get irritated if this same Chicago allowed their law enforcement officers to enter your home at any time and without any warrant, and performed any level of search and seizure of any personal property they deem “interesting”?
Or are you only irritated that your favorite American Idol contestant didn’t get chosen?
Chicago, handgun, U.S. Court of Appeals, National Rifle Association, Constitution, Second Amendment, Bill of Rights, keep and bear arms, Milton Shadur, Seventh Circuit
