October 30, 2007, 11:19 AM
I know there has been talk about lawsuits which would be based on the Heller decision (assuming a favorable outcome) to challenge other states’ or cities’ laws. Does anybody know if these lawsuits are looking for litigants? If so how can we spread the word and get people in line for this?
I am specifically looking for a lawsuit which would challenge New York’s near complete prohibition against non-resident’s possession of pistols anywhere in the state.
What's brewin' out there?
October 30, 2007, 12:09 PM
IF they take it, and IF the rule in our favor which we won't know until right about election time, THEN we can go forward. I would like to see Chicago, San Francisco, LA, and a number of other places have thier unConsitutional rules changed.
October 30, 2007, 12:15 PM
I think next in line for Gura is the Chicago ban. Someone else is going to file to bring down 922(o).
October 30, 2007, 02:46 PM
Barring a wildly successful opinion in Heller, you will still need to be able to argue incorporation before you stand much chance of deafeating the Chicago ban. The Second Amendment Foundation is already supporting a line of cases that I think will do the job nicely and Gura is co-counsel for those cases as well.
In an ideal world, we would lay down some several years of groundwork before we attempted a 922(o) challenge or an NFA challenge of any kind. In reality though, somebody will be in the court filing a 922(o) or NFA challenge on the same day Heller is decided most likely. Guess we will see how that turns out.