Can anyone clear up my questions on

[Luke 2]

Well I don't have a complete understanding of our government but I'm taking a class on it right now so I wont be uninformed forever. I read about the case McDonald vs City of Chicago the other day -- My understanding is that the Supreme Court will rule on whether Chicago is even able to make their own gun laws and if not it will set a precedent to have other state laws concerning firearms also thrown out.

 

My questions Assuming McDonald wins the case are;

1. How long could it take for other states and locales to have their firearm laws thrown out, and will they put up a big fight?

2. As I think conceal carry laws ( and open carry ) are on the state level, would this mean that anyone could conceal or open carry in any state and town that they like, without fingerprinting, paperwork or other restrictions?

3. How likely is this to lead to removal of Federal laws such as the National Firearms Act, or Gun Control Act?

4. When is a ruling expected?

5. Why hasn't this happened sooner? I understand that it takes lots of money but why wouldn't an organization like the NRA have helped finance this long ago?

 

 

I appreciate any answers or discussion!

Edited March 4, 2010 by Luke

[Lone Star Arms 2,047]

I think it all depends on how the court rules, and how the majority opinion/decision is written. If Gura and the pro constitution lobby has done its job, and the court is sufficiently sympathetic to the idea that the constitution means what it says, the decision could change a lot of things. What, where, and to what extent remains to be seen.

 

The other side is going to continue push back and fight like there is no tomorrow to keep guns out of honest law abiding citizens hands. Because after all, as with health care, climate change, taxation, and productivity or the lack thereof, progressive elitists are more convinced now than ever that they know better what is right for us than we do.

 

All one has to do is watch in wonder as the administration makes speeches about jobs and the economy from one side of its mouth, while whispering to its henchmen with the other that nothing has changed with regard to its agenda.

[bigj480 203]

Well I don't have a complete understanding of our government but I'm taking a class on it right now so I wont be uninformed forever. I read about the case McDonald vs City of Chicago the other day -- My understanding is that the Supreme Court will rule on whether Chicago is even able to make their own gun laws and if not it will set a precedent to have other state laws concerning firearms also thrown out.

 

Is that so, where did you get that info?

 

My questions Assuming McDonald wins the case are;

1. How long could it take for other states and locales to have their firearm laws thrown out, and will they put up a big fight?

 

I really doubt that many locallitys will volentarily drop their unconstitutional restrictions, so many law suits will probably be required. However, I do think that the ruling will put a halt to new restrictions.

 

2. As I think conceal carry laws ( and open carry ) are on the state level, would this mean that anyone could conceal or open carry in any state and town that they like, without fingerprinting, paperwork or other restrictions?

 

No, that is likely to be beyond the scope of the judgment. The SCOTUS is typically fairly narrow in how they apply their rulings. That battle will have to wait, hopefully we have more true defenders of the constitution in the SCOTUS when that happens. I don't think the outcome would be in our favor with the current judges and it would probably be seen as a "reasonable restriction".

 

3. How likely is this to lead to removal of Federal laws such as the National Firearms Act, or Gun Control Act?

 

No chance. This is about the outright banning of handguns by local governmants and has no bearing on any other issue. I doubt the NFA will EVER be repealed.

 

4. When is a ruling expected?

 

End of June.

 

5. Why hasn't this happened sooner? I understand that it takes lots of money but why wouldn't an organization like the NRA have helped finance this long ago?

 

Who knows. They have to wait for a case people will sympathize with and they are careful to puck easier battles first. If you pick a hard case and it is not decided in your favor the result is unfavorable case law and make further challenges more difficult.

[22_Shooter 1,560]

3. How likely is this to lead to removal of Federal laws such as the National Firearms Act, or Gun Control Act?

 

Unlikely, IMHO. But hey, it's a step in the right direction, so who knows where it will end up or what it will lead to.

 

I do believe, however, that if the ruling comes out in gun-owners' favor........it will lead to (or at least help push for) the removal or lessening of statewide AWB's that are still in place like NY, MA, CT, NJ, Cali, etc. Everyone in the NY HomeTown forum on Arfcom is keeping a close eye on this one.