On having their ban on carry during declared states of emergency struck down in federal court as unconstitutional.
The Fourth Circuit judge applied strict scrutiny and found that the law excessively burdened law-abiding people who chose to exercise their Second Amendment rights.
I had completely forgotten about it since I posted in June of 2010 about North Carolina’s gun laws being the next target in Alan Gura’s genius master plan.
I look forward to his next victory with great anticipation.
On the news that the Second Amendment Foundation is suing in Virginia so that DC residents might be able to buy guns, he said:
One day we will discover that Alan Gura is a robot sent back from the future to protect the rights of all sentient beings.
The lone (aside from Josh Sugarmann of VPC infamy) licensed firearm dealer in DC has shut down, so now residents have no way to purchase handguns (per federal law, handguns may only be sold to residents of the state in which they are purchased).
So while DC might now allow registration and ownership of handguns, it’s a moot point; the residents have no way to legally obtain them, resulting in a de facto ban.
Because they’re about to piss away more taxpayer money on attorneys’ fees when they lose the suit that Alan Gura (et al) is bringing against the city for its outlawing of public shooting ranges (insert joke about the shooting range being the streets of Chicago here).
Maybe losing this suit will teach that toddlin’ town that they can’t ignore civil rights whenever they want, but as long as Daley is in charge, I doubt it.
H/T Say Uncle
And he and the Second Amendment Foundation are going after New York State’s onerous handgun laws!
If (when) NY loses this suit, it should take down all may issue carry laws; hopefully it will even take down the ridiculous handgun purchase permit requirement New York has.
Gura and the SAF do have a plan, and they’re doing their damndest to make sure everyone knows that the right to keep (and in this case bear) arms is a civil right, and infringing on it is just as contemptible and illegal as infringing on any other civil right.
The Sullivan Act‘s days are numbered!
A county DA in Wisconsin does the opposite.
Mayor Daley has got to be a plant; why else would he set up laws tailor made for knocking down in court?
Perhaps he’ll write memoirs in which he details his life as a Manchurian Candidate for the NRA; on the other hand, maybe he really is that stupid.
Alan Gura thinks the laws are a bit draconian as well; it might behoove Chicago to listen to him, lest they end up paying his bills after losing a future suit.
They should probably just go ahead and change the law before wasting taxpayer money defending a lost cause. Declaration of a state of emergency does not mean you give up your civil rights; if this is successful, it should prevent shenanigans like the gun grab in the aftermath of hurricane Katrina.
I said Alan Gura was devious; it looks like he’s got a plan, and he’s working his way through it step by step. Being in his way just results in a loss of taxpayer money, as D.C. and Chicago can attest; if they hadn’t had unconstitutional restrictions on basic civil rights in the first place, they wouldn’t have had to spend money defending those restrictions.
If you want to read about how the 2nd amendment came to be such an issue, Kevin has an uber-post that goes into as much detail as you can probably stand; it’s around 13k words and is meticulously researched and cited, and takes you through RKBA history from the early 19th century to the present. Read the whole thing, as they say.
5-4 against Chicago; outright gun bans have now officially gone the way of the dodo. Unfortunately for the residents of Chicago, they will most likely be inflicted with heavily regulated gun ownership a la New York City or Washington, D.C.
The court did leave open to interpretation the phrase “reasonable regulation,” this, of course, has been lauded by the Brady Campaign and Bloomberg (head Mayor against Illegal [but really legal as well] Guns) as a great victory for gun control.
Their statements can’t hold a candle to the Violence Policy Center’s opinion; they predict blood in the streets. This is certainly bad news for Chicago: with the gun ban in effect, this past weekend only 26 were shot; an improvement from the weekend before, when 52 were shot. Just think how much worse the violence will get now that their outright ban has been overturned!
It’ll be interesting to see where Alan Gura goes from here; narrow victories in both the Heller and McDonald decisions have certainly made him beloved of the RKBA community; while it would be nice for him to go after the Hughes Amendment or the National Firearms Act, he’s more likely to focus on something that will be better received by the public. Trying to make machine guns easier to buy would play right into the gun banners hands, and would probably be a PR disaster. Nothing would swing momentum back towards the anti-gun groups than a bunch of hysterical opinion pieces talking about how the NRA and the gun lobby want everyone to have a machine gun.
I disagree with a lot of what Bush did in his tenure as President, but he did get the SCOTUS nominations right; had Gore or Kerry been president, this case (and Heller) would have turned out far differently.