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Assault weapons ban before US Supreme Court

Discussion in 'Legal' started by kwguy, Oct 11, 2015.

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  1. kwguy

    kwguy Member

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    According to this, the Supreme Court will soon decide whether or not to take this up, concerning a Chicago suburb. What do you all think on how they may rule? I guess if they decide to address it, it's better now, with a narrow conservative majority sitting on the court, but could upholding this ban in this one location have negative connotations down the road?

    http://www.msnbc.com/msnbc/assault-weapons-ban-us-supreme-court
     
  2. Red Wind

    Red Wind Member

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    IMO, it's better that SCOTUS takes it up now. I believe they will overturn the lower courts with the 5-4. Anything can happen after January,2017.
     
  3. kwguy

    kwguy Member

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    That's pretty much what I was thinking as well. It would certainly be nice to see those local bans overturned.
     
  4. glennv

    glennv Member

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    Fingers crossed.
     
  5. Reloadron
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    Reloadron Contributing Member

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    The US Supreme Court should not even hear the case and bump it back down to the Illinois Supreme Court.

    We played this game in Ohio several years ago. While I am not at all familiar with Illinois law or if Illinois has home rule I can tell you how this played out in Ohio. Ohio like many states has hundreds of cities, towns and municipalities. If each were to allow their own gun laws it becomes a nightmare, so in Ohio while these locals have a right to home rule they do not have a right to establish their own little gun laws. State law trumps all the small local municipalities. Cities like Cleveland have challenged this and lost, Cleveland with a so called assault weapon ban.

    Issues like this should be decided at the state supreme court level and not at the federal level.

    Just My Take....
    Ron
     
  6. Pilot

    Pilot Member

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    I think the SCOTUS is a real wild card right now, especially due to Roberts.
     
  7. Frank Ettin

    Frank Ettin Moderator Staff Member

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    I'm cutting this off for now. There's really nothing to talk about, at least unless the Supreme Court grants certiorari. It's all speculative at this point.

    The Supreme Court receives about 10,000 petitions for a writ of certiorari each year. Of those it grants certiorari in and hears about 70 to 80 cases, and it probably couldn't reasonably manage more than that number.

    If SCOTUS grants certiorari, it would be instructive to study the briefs of the parties and amici.
     
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