The Firing Line Forums - View Single Post - Future legal cases after McDonald vs Chicago?

mack59 · January 5, 2010, 02:23 PM

As we wait for the supreme court to decide McDonald in the spring and release their decision in the summer - I can't help but consider the possibilities for new legal cases regarding our second amendment rights - all predicated of course, (fingers crossed), on a ruling for incorporation and an outline of standards for scrutiny to be applied, (fingers crossed, lucky rabbits foot, ect... hoping for strict scrutiny).

Via Youtube I watched two speeches by Mr. Gura (lead counsel in Heller and now McDonald). He seems to focus on two areas for future litigation - one the removal of laws barring the bearing or carrying of arms for self defense, indicating that a state must either allow shall issue type ccw provisions or open carry and that states that do not - CA, HI, IL - will be up for lawsuits; and two, laws that ban cosmetic features or require special "safety" technology for guns to be legally sold or possessed.

But I also wonder about the wider/other prospects opened up by possible incorporation and would appreciate the thoughts of members of this forum, either on some of the following or on other areas I have not thought of or that they have hopes for changing.

In just Illinois I do not think the FOID card (Firearm Owners Identification Card) which is required to own or possess a gun in Illinois for state residents would survive - at least as presently constituted.

Illinois also being the only state that provides no legal provision for ccw or open carry for self-defense may find itself passing a ccw law against the desires of Chicago in order to prevent unlicensed ccw or open carry.

Nationally I wonder about the 1934 NFA, the 1968 Gun Control Act, and the 1986 Hughes amendment.

I don't see the NFA act being fully overturned but I do wonder about the local law enforcement sign off requirement. I also wonder if the restrictions on surpressors will stand.

Probably under commerce clause I see most of what remains of 68 GCA remaining.

The Hughes amendment I hate with a passion, but I'm not sure how it would be challenged - especially since I believe that the supreme court will not recognize machine guns under the second amendment, (I wish it wasn't so but I don't see them going there).

The sporting purposes and ammuntion bans are problematic too, though I do believe that the sporting purpose ban/test will fall.

If I knew how, I would have put this up in a poll for votes on what you think will change and what won't.

I have to say that I really never thought that I would live to see the 2nd amendment recognized in any material way in my lifetime.

January 5, 2010, 02:23 PM	#1
mack59 Senior Member Join Date: July 14, 2004 Posts: 447	Future legal cases after McDonald vs Chicago? As we wait for the supreme court to decide McDonald in the spring and release their decision in the summer - I can't help but consider the possibilities for new legal cases regarding our second amendment rights - all predicated of course, (fingers crossed), on a ruling for incorporation and an outline of standards for scrutiny to be applied, (fingers crossed, lucky rabbits foot, ect... hoping for strict scrutiny). Via Youtube I watched two speeches by Mr. Gura (lead counsel in Heller and now McDonald). He seems to focus on two areas for future litigation - one the removal of laws barring the bearing or carrying of arms for self defense, indicating that a state must either allow shall issue type ccw provisions or open carry and that states that do not - CA, HI, IL - will be up for lawsuits; and two, laws that ban cosmetic features or require special "safety" technology for guns to be legally sold or possessed. But I also wonder about the wider/other prospects opened up by possible incorporation and would appreciate the thoughts of members of this forum, either on some of the following or on other areas I have not thought of or that they have hopes for changing. In just Illinois I do not think the FOID card (Firearm Owners Identification Card) which is required to own or possess a gun in Illinois for state residents would survive - at least as presently constituted. Illinois also being the only state that provides no legal provision for ccw or open carry for self-defense may find itself passing a ccw law against the desires of Chicago in order to prevent unlicensed ccw or open carry. Nationally I wonder about the 1934 NFA, the 1968 Gun Control Act, and the 1986 Hughes amendment. I don't see the NFA act being fully overturned but I do wonder about the local law enforcement sign off requirement. I also wonder if the restrictions on surpressors will stand. Probably under commerce clause I see most of what remains of 68 GCA remaining. The Hughes amendment I hate with a passion, but I'm not sure how it would be challenged - especially since I believe that the supreme court will not recognize machine guns under the second amendment, (I wish it wasn't so but I don't see them going there). The sporting purposes and ammuntion bans are problematic too, though I do believe that the sporting purpose ban/test will fall. If I knew how, I would have put this up in a poll for votes on what you think will change and what won't. I have to say that I really never thought that I would live to see the 2nd amendment recognized in any material way in my lifetime.