searcher451
Member
Here's an update on the NRA lawsuits against specific cities following the Supremes ruling in the Heller case (note the Gallop poll at the end):
http://www.usatoday.com/news/nation/2008-09-10-gunsbans_N.htm
High court ruling triggers gun ban repeals, NRA suits
By Judy Keen, USA TODAY
CHICAGO — Some communities have moved quickly to repeal handgun bans since the U.S. Supreme Court in June established an individual right to gun ownership, while others plan to defend their bans in court battles with the National Rifle Association.
The NRA filed at least five lawsuits after a 5-4 Supreme Court ruling struck down a handgun ban in Washington, D.C., and said for the first time that the Constitution's Second Amendment gives individuals the right to keep guns at home for self-defense.
Washington is a federal district, so the pending cases will determine whether the Supreme Court decision also applies to state and local governments, says Wayne LaPierre, the NRA's executive vice president.
The ruling was "the opening salvo of a step-by-step process to bring this freedom to citizens throughout the country," he says, and the NRA will "continue to force this issue into the courts."
Chicago, Oak Park and Evanston, Ill., and the San Francisco Housing Authority are being sued by the NRA.
Dennis Henigan, vice president of law and policy at the Brady Campaign to Prevent Gun Violence, says the Supreme Court also left open questions about what restrictions can be placed on gun ownership. "There is going to be a lot of litigation on this," he says.
Most other handgun bans are in Illinois because it's one of just three states where state laws don't automatically pre-empt local ordinances. The others are Hawaii and Nebraska.
The status of handgun bans:
• Lawsuits challenging Chicago's ban have been filed by the state and national NRA. Both are in early stages, says Jennifer Hoyle, spokeswoman for the city's law department. In July, Mayor Richard Daley said he'll fight to keep the ban.
• The NRA is suing the San Francisco Housing Authority, which bans firearms in public housing. Because the authority is a federal agency, the city of San Francisco has been dropped from the lawsuit.
• Oak Park's ban, enacted in 1984 after a public referendum, remains on the books, says village spokesman David Powers.
• Winnetka, Ill., has a ban but has not been sued by the NRA. Responses to the Supreme Court's action likely will be discussed by trustees this month, says Village Attorney Katherine Janega.
• Morton Grove, Ill., repealed its 1981 ban in July, says Mayor Richard Krier. An NRA lawsuit was dropped last month. "We needed to have it settled," Krier says. "It wasn't a burning issue."
• Wilmette, Ill., stopped enforcing its ban immediately after the Supreme Court ruling and wasn't sued, says Village President Chris Canning. It was repealed in July.
There had been no prosecutions for five years, he says, and repeal "doesn't make us any less safe. This isn't the Wild West."
• Evanston ended its ban last month, but the NRA's lawsuit still is pending, says Alderman Steve Bernstein. A law firm offered to defend the city at no cost, and Bernstein says talks about reinstating the ban are underway.
Spending hundreds of thousands of dollars to defend the ban wasn't an option in Evanston, Bernstein says. "It's a question of priorities," he says. "If you thought you could win the case, that would be different."
A related Gallop poll appears with the article:
USA TODAY/GALLOP POLL
Most Americans said they have the right to own guns:
The Second Amendment guarantees the right of all Americans to own guns: 73%
The Second Amendment applies only to state militias such as the National Guard: 20%
No opinion: 7%
Source: USA TODAY/Gallup Poll, Feb. 8-10
http://www.usatoday.com/news/nation/2008-09-10-gunsbans_N.htm
High court ruling triggers gun ban repeals, NRA suits
By Judy Keen, USA TODAY
CHICAGO — Some communities have moved quickly to repeal handgun bans since the U.S. Supreme Court in June established an individual right to gun ownership, while others plan to defend their bans in court battles with the National Rifle Association.
The NRA filed at least five lawsuits after a 5-4 Supreme Court ruling struck down a handgun ban in Washington, D.C., and said for the first time that the Constitution's Second Amendment gives individuals the right to keep guns at home for self-defense.
Washington is a federal district, so the pending cases will determine whether the Supreme Court decision also applies to state and local governments, says Wayne LaPierre, the NRA's executive vice president.
The ruling was "the opening salvo of a step-by-step process to bring this freedom to citizens throughout the country," he says, and the NRA will "continue to force this issue into the courts."
Chicago, Oak Park and Evanston, Ill., and the San Francisco Housing Authority are being sued by the NRA.
Dennis Henigan, vice president of law and policy at the Brady Campaign to Prevent Gun Violence, says the Supreme Court also left open questions about what restrictions can be placed on gun ownership. "There is going to be a lot of litigation on this," he says.
Most other handgun bans are in Illinois because it's one of just three states where state laws don't automatically pre-empt local ordinances. The others are Hawaii and Nebraska.
The status of handgun bans:
• Lawsuits challenging Chicago's ban have been filed by the state and national NRA. Both are in early stages, says Jennifer Hoyle, spokeswoman for the city's law department. In July, Mayor Richard Daley said he'll fight to keep the ban.
• The NRA is suing the San Francisco Housing Authority, which bans firearms in public housing. Because the authority is a federal agency, the city of San Francisco has been dropped from the lawsuit.
• Oak Park's ban, enacted in 1984 after a public referendum, remains on the books, says village spokesman David Powers.
• Winnetka, Ill., has a ban but has not been sued by the NRA. Responses to the Supreme Court's action likely will be discussed by trustees this month, says Village Attorney Katherine Janega.
• Morton Grove, Ill., repealed its 1981 ban in July, says Mayor Richard Krier. An NRA lawsuit was dropped last month. "We needed to have it settled," Krier says. "It wasn't a burning issue."
• Wilmette, Ill., stopped enforcing its ban immediately after the Supreme Court ruling and wasn't sued, says Village President Chris Canning. It was repealed in July.
There had been no prosecutions for five years, he says, and repeal "doesn't make us any less safe. This isn't the Wild West."
• Evanston ended its ban last month, but the NRA's lawsuit still is pending, says Alderman Steve Bernstein. A law firm offered to defend the city at no cost, and Bernstein says talks about reinstating the ban are underway.
Spending hundreds of thousands of dollars to defend the ban wasn't an option in Evanston, Bernstein says. "It's a question of priorities," he says. "If you thought you could win the case, that would be different."
A related Gallop poll appears with the article:
USA TODAY/GALLOP POLL
Most Americans said they have the right to own guns:
The Second Amendment guarantees the right of all Americans to own guns: 73%
The Second Amendment applies only to state militias such as the National Guard: 20%
No opinion: 7%
Source: USA TODAY/Gallup Poll, Feb. 8-10
