Chicago, San Fran. Next Up for Gun Lawsuits

Gun-rights advocates announced plans yesterday to challenge restrictive gun laws in two of the nation's biggest cities in the wake of the landmark Supreme Court ruling in District of Columbia v. Heller. The Court ruled that Washington, D.C.'s ban on handgun ownership or possession within the District violated the Second Amendment's guarantee of the right to bear arms. The Illinois State Rifle Association and the National Rifle Association moved almost immediately to challenge gun laws in Chicago and San Francisco, respectively. Chicago's gun ban is similar to the one overturned in Washington, banning possession and sale of handguns within city limits. San Francisco bans possession of handguns on county property including parks, schools, and community centers.

The lawsuits are likely only the first in a new spate of gun-rights legal challenges to gun laws all across the country. The Supreme Court's decision was the first time in its history that the Court had ruled on the issue of whether the Second Amendment protects an individual or collective right to own a gun. The Illinois lawsuit borrows from the wording of the Court's decision indicating that the right is individual.

"By banning handguns, Defendants [the City of Chicago] currently maintain and actively enforce a set of laws, customs, practices, and policies under color of state law which deprives individuals ... of their right to keep and bear arms."

The issue of gun rights has injected itself into the presidential campaign, with both Sen. McCain and Sen. Obama embracing the Court's decision. But the lawsuit in Chicago could be a sticky issue for Sen. Obama as the campaign goes on. Chicago is Obama's hometown, and while a member of the Illinois State Senate, Obama cast several votes against the interests of gun owners, including voting twice to bar homeowners who owned a gun for self defense from being charged with violating local gun laws if they used the weapon for that purpose. As the Chicago lawsuit progresses, Obama may be forced to take a position on his city's gun laws that could put him at odds with his new found support for an individual right to bear arms.

Recent Comments

(Page 1 of 1)
New Users

Current Users

Add your comments:

Latest Elections News Headlines

    No current headlines. Please try again later.

    Political Machine Photo Galleries

    Candidates' Favorite TV Shows
    Democrats Debate in Las Vegas
    Laura's Trip to Middle East
    Political Sex Scandals
    The Not-So Traditional 2008 Candidates
    Al Gore's Ups and Downs
    Spokespersons!
    Candidate Spouses

    Politics Video

    Security And Politics In Iraq

    Security And Politics In Iraq

    As the security situation improves In Iraq, there is still the question of political progress (September 5)
    Supporters: 'Palin Has a Record of Achievement'

    Supporters: 'Palin Has a Record of Achievement'

    Women supporting Gov. Sarah Palin, McCain's vice presidential pick, gathered in St. Paul, Minn., Wednesday to call for an end to 'sexism' in politics. (Sept. 3)
    Obama: No Time for 'small' Politics

    Obama: No Time for 'small' Politics

    At a campaign event in Michigan, presidential nominee Barack Obama said with Hurricane Gustav eyeing the Gulf Coast, there is no time for 'small' politics. (September 1)
    A Trip of the Political Side of the State Fair

    A Trip of the Political Side of the State Fair

    The Minnesota State Fair is not only a marching ground for the school band, but a place for old school retail politics. The AP's John Mone takes a look at how elections are won at this great American gathering. (Aug. 31)
    Mo Rocca 180 - More Than Just Joe Biden!!!

    Mo Rocca 180 - More Than Just Joe Biden!!!

    Mo Rocca 180 - More Than Just Joe Biden!!!
    « See More Politics Video
    Register to Vote with Declare Yourself

    Declare Yourself is a campaign that encourages young Americans to register and vote.

    REGISTER TO VOTE NOW AT:
    www.declareyourself.org