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Thread: McDonald, et al. v. City of Chicago (08-1521) Amici Briefs, documents available ChicagoGunCase.com

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    I was a little surprised to see California filing a brief, supporting the suit.

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    This was the first time I actually read the text of the suit McDonald, et al vs. Cit of Chicago...I couldn't be happier to see my old home town...Oak Park, IL named in the suit too...:celebrateThank God I got out of the People's Republik of Oak Park...and now live in the Free State of Virignia!

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    starbuck wrote:
    I was a little surprised to see California filing a brief, supporting the suit.
    If the 2nd Amendment does not apply to the states as well as the Federal government California loses the legal right to "reasonable" restrictions on what its citizens are allowed to posses. In other words, they lose all restrictions,California gun bans go down the tubes, and we see surfers with AK-47s slung across their backs.

    stay safe.

    skidmark
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    skidmark wrote:
    starbuck wrote:
    I was a little surprised to see California filing a brief, supporting the suit.
    If the 2nd Amendment does not apply to the states as well as the Federal government California loses the legal right to "reasonable" restrictions on what its citizens are allowed to posses. In other words, they lose all restrictions,California gun bans go down the tubes, and we see surfers with AK-47s slung across their backs.

    stay safe.

    skidmark

    The brief starts out positively enough:


    INTEREST OF
    AMICUS CURIAE

    California has a strong interest in protecting the constitutional rights of its citizens. But unlike many states, California has no state constitutional counterpart to the Second Amendment. Unless the protections of the Second Amendment extend to citizens living in the States as well as to those living in federal enclaves, California citizens could be deprived of the constitutional right to possess handguns in their homes as affirmed in
    District of Columbia v. Heller, 128 S. Ct. 2783 (2008).

    But then:

    California, which has been a national leader in passing common-sense legislation to regulate firearms. The Unsafe Handgun Act, for example, aims to reduce handgun crime and promote handgun safety. Cal. Penal Code § 12125 et seq. It prohibits the manufacture or sale of any "unsafe handgun" in California, including those that lack certain safety features such as a chamber-load indicator. Cal. Penal Code § 12126(c). This law has furthered important governmental interests while not interfering with the ability of our state’s residents to purchase and possess a wide range of handguns: Over 1,300 handguns have been certified by California as meeting the law’s requirements. See
    http://certguns.doj.ca.gov/.Nonetheless,California is presently defending the law against a federal constitutional challenge. Peña v.Cid,2:09-cv-01185-FCD-KJM,2009(U.S.Dist.,E.D.Cal.).

    The petitions in these cases should be granted to provide needed guidance on the scope of the States’ ability toreasonably regulate firearms while extending to the states
    Heller’s core Second-Amendment holding that government cannot deny citizens the right to possess handguns in their homes.

    Not a very good beginning from California!



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