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Old May 14, 2009, 01:48 PM   #17
ilbob
Senior Member
 
Join Date: November 29, 2006
Location: Northern Illinois
Posts: 515
Quote:
Bob, if the 7th returns an incorporation verdict, then it is incorporated within that Circuits jurisdiction. Until or unless the SCOTUS says otherwise.
So what? the only thing the SC has said is protected is having hand guns in the home. And thats all that the Chicago case is about.

Quote:
This can then be used to force all those Home Rule localities to honor any State license carried by anyone. Otherwise they violate the Equal Protection clause of the 14th. Straight shot from any Federal District Court, should anyone get arrested over this. Heck, no one even needs to get arrested in this scenario. Been watching what Gura is doing in the 9th?

If you pass this STHR carry bill, and then the 7th incorporates, the end result would be the same, but it would take more steps to get to your day in court. You would first have to play in the State Courts, before you went Federal.
If anything, the 14th amendment might be usable if the STHR bill passed. There would be no cause of action in state court since home rule is enshrined in the state constitution, and Illinois courts have repeatedly held Illinois citizens have no RTKBA. The carry case in the court right now does not hinge on the 2A. The case filed in CA tries to drag the 2A into the picture, but the 14th amendment claims seem far stronger against the practices being objected to.

I don't think anyone wants to have a straight carry case right now because it likely to hinge on open carry and not CC. There is no reason at all the SC has to accept CC as a right, and dicta from Heller suggests they might accept OC, possibly leaving CC out of the scope of the 2A.
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bob

Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.

Last edited by ilbob; May 14, 2009 at 01:53 PM.
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