Chicago gun case

I just finished the motion for summary judgement filed in the Chicago gun case. As Dave Hardy said, very well written, mainly addressing incorporation, but also a couple shots at licensing. I am of the opinion that this is a better case to use for incorporation than the San Francisco case because of the similarity to Heller. Looking at the laws being challenged, and the challenge raised, the only real question it whether the Second Amendment is incorporated against the states.

I think long term that licensing will be declared unconstitutional, because as the brief says “[a] state may not impose a charge for the enjoyment of a right granted by the Federal Constitution.” Murdock v. Pennsylvania, 319 U.S. 105 (1943). But judging from the brief, this case probably won’t do it. I think that the best case for that might be a state that has a truly burdensome registration fee. 

Here’s wishing them success.


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