« Ind. Decisions - Three cases granted transfer June 16th | Main | Ind. Decisions - Court of Appeals issues 3 today (and 12 NFP) »
Wednesday, June 17, 2009
Courts - "Gun Rulings Open Way to Supreme Court Review"
John Schwartz of the NY Times writes today in a story that begins:
A year ago, the United States Supreme Court issued a landmark decision establishing the constitutional right of Americans to own guns. But the justices did not explain what the practical effect of that ruling would be on city and state gun laws.The 7th Circuit's opinion in the Chicago case, NRA v. City of Chicago, is summarized in this ILB entry from June 2nd. See also this ILB entry from June 3rd.Could a city still ban handguns? The justices said the District of Columbia could not, but only because it is a special federal district. The question of the constitutionality of existing city and state gun laws was left unanswered.
That left a large vacuum for the lower courts to fill. Supporters of gun rights filed a flurry of lawsuits to strike down local gun restrictions, and now federal appeals courts have begun weighing in on this divisive issue, using very different reasoning.
One court this month upheld Chicago’s ban on automatic weapons and concealed handguns, while in April a California court disagreed on the constitutional issue.
The differing opinions mean that the whole issue of city and state gun laws will probably head back to the Supreme Court for clarification, leading many legal experts to predict a further expansion of gun rights.
Posted by Marcia Oddi on June 17, 2009 10:13 AM
Posted to Courts in general