Archive for April, 2009

Apr 24 2009

Progress… and an argument date.

Published by Alan Gura under Uncategorized

Earlier this week, the Ninth Circuit Court of Appeals held that the Second Amendment does, in fact, bind state and local governments via application of the Fourteenth Amendment.  The court’s opinion in the landmark case of Nordyke v. King adopts the same logic as our arguments in this case, with respect to selective incorporation under the Fourteenth Amendment’s Due Process Clause.  And it disposes of many of the same tired arguments raised by Chicago in defense of its indefensible gun ban.  Congratulations to the Nordykes’ lawyer, Don Kilmer, for a job well done.

Although the regulations at issue in Nordyke were upheld, we suspect that other irrational and arbitrary state- and local-level gun laws in the Ninth Circuit, serving no useful purpose, will eventually yield to the Second Amendment rights of the American people.  And we eagerly anticipate the day – ever closer – that Chicago residents will enjoy their Second Amendment rights as well.

Towards that end, the Seventh Circuit has now scheduled argument in our case for Tuesday, May 26, 2009, at 9:30 a.m.  I look forward to arguing the matter.  Have a great Memorial Day weekend.

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Apr 17 2009

City Files Brief!

Published by Alan Gura under Uncategorized

Many peope have asked, “so when will we see something from the city?”

Today, your wait is over.  The city’s brief is here.

In another week, the other side’s amici.  And then, May 1, our reply.

Argument?  TBD by the Court.  My guess is as good as yours, but we will post that information here whenever it arrives.

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