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Old January 28, 2010, 03:45 PM   #3
kwikrnu
Junior member
 
Join Date: November 8, 2007
Posts: 37
I don't know much about the law, but don't you have to be affected in some way to have standing before a court?
For example, The ordinance says you can't carry a handgun on the street, but that ordinance is preempted by State law. You carry a handgun on the street and you are arrested. You then fight the charge and if you win the law is basically trumped by case law. lose or win you may be able to sue for damages in federal court.


For example there is a law in the city near where I live that prohibits the carry of all handguns. The Tennessee Supreme Court has said a law like that is unconstitutional in my State. I have written the city attorney and gave him the decision, but they haven't changed the law.

If I have the time and money I could go carry a handgun in violation of the ordinance. At that point the cops would have to decide if they arrest me or not. When arrested I fight the charge and win. I then take the city and the police to federal court stating my civil rights were violated and that they should have known the law was unconstitutional. My damages would be attorney fees, defamation, time spent in jail, injuries, mental anguish, and anything else that applies. I wouldn't get rich, but it teaches the city and cops they need to be careful when making and enforcing ordinances.
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