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Thread: 2A Incorporation motions denied. Alan Gura,

  1. #1
    Join Date
    Jun 2006
    Washington Island, across Death's Door, Wisconsin, USA

    Post imported post Restoring the Second Amendment Archive for December, 2008 Dec 06 2008

    Moving Forward Published by Alan Gura under Uncategorized

    In October, shortly after we filed our Rule 16 motion (see Oct. 24 post below), the NRA filed similar motions in their companion case challenging Chicago’s handgun ban, as well as its case challenging Oak Park’s handgun ban. Although our cases do not perfectly overlap, the goal of all three Rule 16 motions in each case was the same: to seek an opinion from the Court that, as a matter of law, state and local governments are bound by the Second Amendment.

    On Thursday, the District Court issued an opinion and order in the NRA cases, denying the motions. A similar opinion and order, adopting the Court’s rationale in the NRA cases, was entered in our case. The District Court ruled, essentially, that whatever the merits of our claims, it is bound by existing precedent holding that the Second Amendment does not apply to state and local governments. The order in our case denied not only our Rule 16 motion, but also our previously unresolved motion for summary judgment. A hearing is set in all three cases for December 9, to see where the matters now stand.

    Although we would have preferred that the Court had ruled in our favor, we are not disappointed. From Day One, it was clear that this case would be decided conclusively on appeal. This development takes us one step closer toward the elimination of Chicago’s failed and unconstitutional gun ban, and for that, we are grateful.

  2. #2
    Regular Member KansasMustang's Avatar
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    Sep 2008
    Herington, Kansas, USA

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    Gotta love 'em. Just wondering if they'd ever heard of the 14th Amendment?
    Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Thomas Jefferson

  3. #3
    Regular Member
    Join Date
    Aug 2007
    Granite State of Mind

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    KansasMustang wrote:
    Gotta love 'em. Just wondering if they'd ever heard of the 14th Amendment?
    That was the whole point of the case: whether the 2nd has been "incorporated" under the 14th.

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