What does the lower court in McDonald do now?

What does the lower court in McDonald do now?

This is a discussion on What does the lower court in McDonald do now? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; A. The lower court puts the smack down on Chicago, based on the SCOTUS decision, resulting in further refinement/enhancement of the Right. B. The lower ...

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  • The lower court puts the smack down on Chicago, based on the SCOTUS decision, resulting in further refinement/enhancement of the Right.

    4 21.05%
  • The lower court finds some convoluted way to waffle or be wrong, leaving us all hanging, waiting for SCOTUS to revisit.

    6 31.58%
  • The lower court drops the case since Chicago capitulated with new laws.

    5 26.32%
  • The lower court incorporates the new Chicago laws into the case. Case is decided favorably to the 2A, enhancing the Right.

    1 5.26%
  • The lower court incorporates the new Chicago laws into the case. Case is decided unfavorably to the 2A, restricting the right.

    2 10.53%
  • The lower court incorporates the new Chicago laws into the case. Case is decided favorably to the 2A with a rubber stamp, no further interpretation.

    1 5.26%
  • I have no idea what I'm talking about and you have the real answer (elaborate).

    0 0%
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Thread: What does the lower court in McDonald do now?

  1. #1
    VIP Member Array paramedic70002's Avatar
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    What does the lower court in McDonald do now?

    A. The lower court puts the smack down on Chicago, based on the SCOTUS decision, resulting in further refinement/enhancement of the Right.

    B. The lower court finds some convoluted way to waffle or be wrong, leaving us all hanging, waiting for SCOTUS to revisit.

    C. The lower court drops the case since Chicago capitulated with new laws.

    D. The lower court incorporates the new Chicago laws into the case.

    D. 1. Case is decided favorably to the 2A, enhancing the Right.

    D. 2. Case is decided unfavorably to the 2A, restricting the right.

    D. 3. Case is decided favorably to the 2A with a rubber stamp, no further interpretation.
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  2. #2
    Distinguished Member Array tangoseal's Avatar
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    What are you asking here? I mean what is the objective?

    If you are asking opinion then I would say the option that isnt listed. The lower court will be sued by some citizen(s) and will be forced to enforce or overturn the harsh new chicago gun law.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

  3. #3
    Senior Member Array SARR001's Avatar
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    Is there some sort of case pending against Chicago that you are referring to? Please link it if you have it.
    "Life's tough......It's even tougher if you're stupid." -John Wayne

  4. #4
    Ex Member Array azchevy's Avatar
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    Quote Originally Posted by san antone rr View Post
    Is there some sort of case pending against Chicago that you are referring to? Please link it if you have it.
    Benson vs Chicago

    Fairfax, Va. -- The National Rifle Association is supporting a lawsuit against Mayor Richard Daley and the City of Chicago's newly adopted gun control ordinance, which violates the U.S. Supreme Court's recent ruling in McDonald v. City of Chicago. Last Friday, the City Council rushed through passage of this ordinance in response to the Court's June 28th decision rendering Chicago’s draconian handgun ban unconstitutional.
    http://www.snowflakesinhell.com/wp-c..._Complaint.pdf

  5. #5
    Senior Member Array JohnK87's Avatar
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    The decision was that it was a fundamental right, and that reasonable regulation could occur provided the government could show a compelling reason for it (a high legal standing). I think a number of the restrictions in the revised ordinance will be struck down as they are contrary to the right to be secure in your person and property, and they create barriers to those without the money to go through all the hoops.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

  6. #6
    Senior Member Array press1280's Avatar
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    I think you have too many options there. I think there's only 3 real possibilities: 1) As you said, a smackdown of Chicago forcing them to re-do their law completely,2) the court brushes up on Chicago's law, forcing them to make some changes, 3) The one I fear may happen-they just accept Chicago's new law as "reasonable". A 4th but unlikely step is it gets sent down to the district court to sort out.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

  7. #7
    Senior Member Array RebelRabbi's Avatar
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    DC & Urban America is increasingly disconnected from the real world.

  8. #8
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    No doubt there will be many test cases in courts to find the 'line'. Much of the Chicago law is in opposition to the 'spirit' of the law and I have little doubt that those issues will be struck down. But that brings us to the logistics.

    It is in Daley's interest to press this into court. He has nothing to lose. He'll use taxpayer dollars to fight in court and every ordinance/law any city can come up with that goes to court will put a financial drain on pro-gun organizations.

    I don't think there's any way the NRA, etc. can match pubic money and billionares like George Soros. I get the impression that the anti's are much better, wider, and deeper funded than the pro-gun side.

    Anyway, that seems to be the scary version.
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  9. #9
    VIP Member Array MitchellCT's Avatar
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    Why doesn't someone with PACER access check out the case filing...

  10. #10
    VIP Member Array mcp1810's Avatar
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  11. #11
    Ex Member Array azchevy's Avatar
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    Quote Originally Posted by mcp1810 View Post
    I hope you did because I posted it six posts up

  12. #12
    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by azchevy View Post
    I hope you did because I posted it six posts up
    Doh! So you did! Time for more coffee!
    Infowars- Proving David Hannum right on a daily basis

  13. #13
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    I would like to see the lower court do a 'smack down', but I fear the court will end up with a waffle routine...
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