NRA files Second Amendment lawsuits in Illinois and California

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http://www.nraila.org/News/Read/NewsReleases.aspx?ID=11220

NRA Files Second Amendment Cases in Illinois, California


Friday, June 27, 2008


Fairfax, Va., June 27-Following up on yesterday’s Supreme Court ruling that the Second Amendment protects a private right to possess firearms that is not limited to militia service, the National Rifle Association of America today filed five lawsuits challenging local gun bans in San Francisco, and in Chicago and several of its suburbs.

“The Supreme Court held yesterday that “the Second Amendment right is exercised individually and belongs to all Americans,” said NRA chief lobbyist Chris W. Cox. “These lawsuits will ensure that state and local governments hear those words.”

The San Francisco lawsuit challenges a local ordinance and lease provisions that prohibit possession of guns by residents of public housing in San Francisco. NRA is joined in that suit by the California Rifle and Pistol Association and the Citizens Committee for the Right to Keep and Bear Arms.

The Illinois cases challenge local laws in Chicago, which has a handgun ban nearly identical to the law struck down yesterday in Washington, D.C. The other Illinois suits challenge handgun bans in the suburban towns of Evanston, Morton Grove and Oak Park.

All five suits raise the issue of the application of the Second Amendment against the states through the Fourteenth Amendment, known in constitutional law as “incorporation.” Because Washington, D.C. is not a state, incorporation was not specifically addressed in yesterday’s Supreme Court decision in District of Columbia v. Heller, but the decision did repeatedly equate the Second Amendment to the First and Fourth Amendments, which have applied to the states for 80 years.

“In Washington, D.C. or in any state, whether you live in the housing projects or a high end suburb, you have the right to defend yourself and your family at home,” Cox concluded. “These laws all deny that right, and NRA will not rest until they are all struck down.”

-NRA-

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.
 
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Wilmette, Illinois Suspends Handgun Ban

Wilmette Suspends Local Handgun Ban
http://www.nbc5.com/news/16729972/detail.html

POSTED: 2:47 pm CDT June 27, 2008


WILMETTE, Ill. -- Wilmette has suspended enforcement of its 19-year-old ordinance banning handgun possession in the wake of a U.S. Supreme Court decision that appears to invalidate such bans.

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In a 5-4 decision, the court struck down Washington, D.C.'s ban on handguns, a prohibition similar to those used in several major cities, including Chicago, and a handful of suburbs including Wilmette, Evanston, Winnetka and Oak Park.

"The Law Department and the Police Department have suspended enforcement of the ordinance pending further review by the Village Board," Wilmette village attorney Tim Frenzer said Thursday. "Based on the decision today, at a minimum it calls into serious question the continued viability of the ordinance."

Frenzer said questions remain about how directly the court's decision will impact local gun laws in Wilmette and other parts of the country. Washington is not a state, and each state has its own legal language governing the right to bear arms.

"That aside, the opinion will require further review and discussion by the Village Board, but it's prudent at this point to suspend enforcement of it," Frenzer said.

Wilmette's law, enacted in 1989, levied fines of up to $750 for handgun possession and allowed the village to seek a judge's order to have seized weapons destroyed.

Frenzer said he did not know exactly how many times the law has been invoked, but said its use is rare.

The last case he recalls involved a 2003 incident in which a resident, Hale DeMar, was cited after using a handgun to shoot and wound a burglar in his home. The case mobilized state gun right groups and led to the passage of a law that gave gun owners a defense to local prohibitions if the weapon was used in self-defense.

Wilmette's charges against DeMar were eventually dropped. He could not be reached for comment Thursday.

Wilmette Police Chief George Carpenter declined to comment on the high court's ruling, saying he had not yet had a chance to read the decision or review it with village staff.

Copyright 2008, Chicago Sun-Times Inc.
 
Wilmette, Illinois Suspends Handgun Ban

WooHoo!!! They're hearin' the footsteps coming up behind them and there's a big 2A stamped on the sole! :D:evil:
 
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