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Knight_Who_Says_Ni
06-27-2010, 7:11 PM
Will McDonald v. Chicago have any effect immediate effects on our existing laws?

383green
06-27-2010, 7:17 PM
No. Other than its direct effects on Chicago law, it'll simply set the stage for further litigation (some of which is presently on hold waiting for the result, but there will be a brief delay before even that litigation moves forward).

CSDGuy
06-27-2010, 7:35 PM
Outside of Chicago and 2A incorporation by some mechanism, and perhaps at a specified scrutiny level, and kicking off some cases, the most immediate effect is a whole bunch of happy gun owners, especially here in California... and perhaps Hawaii. ;)

stitchnicklas
06-27-2010, 7:36 PM
:cheers2:

ojisan
06-27-2010, 7:38 PM
Outside of Chicago and 2A incorporation by some mechanism, and perhaps at a specified scrutiny level, and kicking off some cases, the most immediate effect is a whole bunch of happy gun owners, especially here in California... and perhaps Hawaii. ;)

And likely NY, NJ and many more.
I wonder how many people are out there nationwide waiting for this decision.

norcal01
06-27-2010, 7:40 PM
I'd forgotten about Hawaii! I bought my first handgun while stationed there and what a royal pain that was! I thought it was easy when I moved back to California! Then I talked to my friends in free states.... :(

Quiet
06-27-2010, 11:29 PM
No immediate effect for CA.

However, there are two CA lawsuits pending it's outcome.
So, many be "2 weeks" down the line, you will start to some changes in CA.

The two lawsuits are:
Sykes v McGinness = "shall issue" CCW lawsuit.
Pena v Cid = legality of the approved list.

press1280
06-28-2010, 3:22 AM
It seems CCW is probably the next avenue in the courts. Will we see a lawsuit launched in each of the circuits that still has a may/no issue state?

Lateralus
06-28-2010, 3:27 AM
It seems CCW is probably the next avenue in the courts. Will we see a lawsuit launched in each of the circuits that still has a may/no issue state?

http://bp0.blogger.com/_kZREEb7YA8E/RrKEgpYmyVI/AAAAAAAAAuY/uuLoegUgsgU/s320/67_dominos_fall.jpg

1JimMarch
06-28-2010, 4:39 AM
Unlikely but POSSIBLE.

Look, there have been examples of Supreme Court decisions that force immediate action at the state or local level. Gideon jumps out - that's the one that forced free lawyers and basically invented the idea of public defenders. And this wasn't a slow or subtle thing...one minute nobody knew what the concept was, the next...no possible argument or wiggle room.

I know there's been others.

It's not impossible that the "Heller 5" judges could be looking at DC's actions AND that moron Daley's stated intent to subvert whatever they come up with in disgust. They may even know about those three horrid judges in the 9th that screwed Gorski over while saying "Oh, but Heller bans concealed carry".

And they might, JUST might say "oh come on, we don't need a decade's worth of wrangling".

Is it likely? No. Impossible? Nope.

Wait and see, guys. Wait and see.

IrishPirate
06-28-2010, 5:16 AM
it depends on the level of scrutiny in the decision. If they said "no law that restricts a citizens ability to buy, sell, carry or store a firearm of any type shall be deemed constitutional, and all current laws that infringe on the personal ability of the people to keep and bear arms are hereby repealed throughout all 50 US states"...then we will have won the jackpot and can immediately CCW or LOC, and can buy any gun we want.

It's EXTREMELY doubtful that we'll get that kind of ruling though. It's more likely that we'll get incorporation and some vague level of scrutiny. Really, it depends on whether we get DP or PorI as to what that level of scrutiny will actually be. However, until Pene, Sykes and Nordyke (i think those are the CA ones) are decided, i doubt we'll see any changes here in CA except in the water level of our lakes as they overflow with all the faux tears from anti's screaming "WHAT ABOUT THE CHILDREN?!?!?" while still making sure the camera's have their good side....:rolleyes:

yellowfin
06-28-2010, 5:53 AM
i doubt we'll see any changes here in CA except in the water level of our lakes as they overflow with all the faux tears from anti's screaming "WHAT ABOUT THE CHILDREN?!?!?" while still making sure the camera's have their good side....:rolleyes:
What about the children? I guess they can have .22's and 20 gauges. Those ***clown antis should try being more considerate of MY children.

IrishPirate
06-28-2010, 6:15 AM
What about the children? I guess they can have .22's and 20 gauges. Those ***clown antis should try being more considerate of MY children.

Maybe that could be our new rallying cry. "What about OUR children?....you know, the one's from parents who actually give a damn and teach them to respect guns!"....or something like that :D

Billy Jack
06-28-2010, 6:41 AM
Will McDonald v. Chicago have any effect immediate effects on our existing laws?

YES! Depending on how it is written. There are un-filed lawsuits throughout the state awaiting the decision so the 2nd Amendment can be added as a cause of action.

Thoughtful City Attorneys and County Counsels are waiting to evaluate the decision to determine the liability to their departments.

You will not see CCW's under your wiper blades for the foreseeable future but departments will be watching who files suit using the 2nd Amendment.

You should all be thankful Mr. McDonald had the integrity to put himself on the line for all of us. Are any of you willing to do the same? Well, are you? Awful quiet out there. You can't always depend on others to enforce the Constitution for you.


Billy Jack
'The force is strong with this one'

"We got the law here Billy Jack." Mr. Posner
"When policemen break the law, then there isn't any law.......just a fight for survival." Billy Jack

www.californiaconcealedcarry.com

dantodd
06-28-2010, 6:58 AM
You should all be thankful Mr. McDonald had the integrity to put himself on the line for all of us. Are any of you willing to do the same? Well, are you? Awful quiet out there. You can't always depend on others to enforce the Constitution for you.

The case was funded by good foundations and attorneys and others who were willing to work pro-bono. Are you willing to do the same Billy Jack?

7x57
06-28-2010, 7:08 AM
You will not see CCW's under your wiper blades for the foreseeable future


Phooey, I was hoping a uniformed officer of the US army was going to visit informing me of my right and duty to maintain my lawful militia weapon, along with a very nice letter of apology from the president of the United States for the long history of infringement of my rights. :rolleyes:

The case was funded by good foundations and attorneys and others who were willing to work pro-bono. Are you willing to do the same Billy Jack?

Enough TBJ bashing already. We've seen the arguments over and over.

7x57

dantodd
06-28-2010, 7:18 AM
Enough TBJ bashing already. We've seen the arguments over and over.

7x57

It was not bashing, it was merely a re-phrasing of the statement he made regarding people who do or do not file lawsuits challenging unconstitutional laws. If he is going to ask them to step up like Otis McDonald did it is only right that he be asked to make the same kind of commitment that Gura et. al. did as well.

7x57
06-28-2010, 7:20 AM
It was not bashing, it was merely a re-phrasing of the statement he made regarding people who do or do not file lawsuits challenging unconstitutional laws. If he is going to ask them to step up like Otis McDonald did it is only right that he be asked to make the same kind of commitment that Gura et. al. did as well.

Yep, that's the argument. I'm no more impressed than before, but in any case that horse is long dead.

7x57

bodger
06-28-2010, 7:48 AM
Phooey, I was hoping a uniformed officer of the US army was going to visit informing me of my right and duty to maintain my lawful militia weapon, along with a very nice letter of apology from the president of the United States for the long history of infringement of my rights. :rolleyes:


And a reparations check large enough to at least buy a couple of new EBRs. :D

Without the ten day wait, of course.

ZombieTactics
06-28-2010, 8:04 AM
It seems CCW is probably the next avenue in the courts. Will we see a lawsuit launched in each of the circuits that still has a may/no issue state?
It seems that all of the language in the SCOTUS opinion to the effect that "self defense is central to the 2A", and central to the notion of "keep & bear" ... now incorporated to/against the States ... establishes that no greater/other "good cause" than self defense can be required for CCW issuance.