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7th Circuit panel of judges
Chicago case, heard today: Posner, Easterbrook, Bauer. Posner=bad news. Bauer -- wrote the antigun Morton Grove ruling many years ago.
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My crystal ball tells me the magic words will be "reasonable restrictions", of course in the eyes of politicans anything they propose is "reasonable".
A loss would mean a conflict in circuits. Frightening as it is, it may be what's necessary to get it before the Supreme Court, and the Supreme Court is where we want this to go.
I always share this with the legal folks. Puts judges in their proper place.
"For, whenever a question arises between the society at large and any magistrate vested with powers originally delegated by that society, it must be decided by the voice of the society itself: there is not upon earth any other tribunal to resort to."
Sir William Blackstone, Blackstone's Commentaries on the Laws of England, Book I, Chp3, pg.205/6
In addition, I'm trying to get laws passed across the Union, placing the following plaque in every courtroom.
The People's Courtroom ####
Judge So-n-so Caretaker
Helping to put judges in their place.
Tiochfaidh ar la!
Television aside, there are certain historical associations (e.g., Volksgerichtshof and their Chinese cousins) that keep me from welcoming so-called "people's courts".
If this decision grants incorporation, but includes registration as a reasonable restriction, are we the winners?
> If this decision grants incorporation, but includes registration as a reasonable restriction, are we the winners?
It depends on how reasonable the registration is.
There are lots of ways to do registration. Some are effectively gun bans while others are insignificant.
Note that at least some form of registration (yes, for printing presses too) is consistent with even some of the more radical gun-friendly of the 2nd amendment. (Note that I didn't say required by - I just said that registration need not be unconsitutional, even though it can be.)
Remember, politics is the art of the possible and that no issue ever dies. The gun banners have figured this out. When they lose, they keep coming back. They'll take two steps forward and one step back.
Gun folk tend to be stupid. They think that anything that isn't a complete and total win, now and forever, is a bad thing. They're wrong. Worse than wrong, they're counter-productive. That attitude helps gun banners tighten the noose.
Well said, Mr. Freeman.
Ouch! Tough crowd.
It will be interesting to see if they can put aside their previous positions in deference to a superior court after Heller.
Or perhaps they will realize that they can't stop the train, but they can, at least, slow it down. They can do that by ruling for incorporation, but only in their district, thus slowing down nationwide incorporation.
Or maybe, realizing that both sides will appeal a loss, they will issue a decision that will suggest en bank review, delaying further.
Or maybe they will drag out the same old time-worn arguments: common sense, crime control, studies show that keeping a gun in the home, too many "illegal guns" on the street, etc.