Thursday, December 31, 2009

Chicago's done.

Their brief has been submitted and is available here. Basically it's begging the court to keep 'precedent' and not overturn every crappy decision the court's made in the last 150 years.

The true desperation is shown in that they are still sticking to the 'collective rights' argument:

Nothing in the congressional debate
over the Amendment suggests any view that a
private arms right unconnected to preservation of the
militia was thought implicit in the concept of ordered
liberty.The scope of the Second Amendment right—

weapons in common use—also reflects its purpose of
protecting the militia, rather than an individual right
related to self-defense, since the Second Amendment
protects weapons regardless of whether they are
useful for self-defense.



They're done.

Update: More nonsense. They claim that overturning the gun ban will allow gang bangers to run rampant. As if they aren't already.

Are we really so far ahead that this is the best they can do?


Unorganized Militia Gear

5 comments:

Bob S. said...

The "weapons in common" use for militia were the same weapons people used to protect themselves and to hunt with.

I think they are getting things backwards. People always bought the best and latest technology when they could....then showed up for militia training with those weapons.

Thomas F said...

The sixth happiest day of my life will be the day after the SCotUS publishes it's opinion, and the mayors office has a press conference about how DICK daley has a chocked to death on his own bile.

Happy days!!!!!!

Stephen said...

To anyone with any common sense or ability to read they are done. They don't have a leg to stand on.

Unfortunately, they have several SCOTUS judges who will probably vote for them anyway. Hopefully only four at the most.

Any bets on how Sotomayor, the AHSA supported candidate, will vote on this most critical of issues?

kaveman said...

Well at least the City of Chicago didn't start off their brief with a nursery rhyme Like the Chicago Board of Education brief did...


"SUMMARY OF ARGUMENT
The right to arms, even for self-defense, is fundamentally different from all other
liberties retained by individuals in society because of the inherent lethality of firearms.
We tolerate few restrictions on the right to free speech because of its salutary effects,
and because, “sticks and stones may break my bones but words can never hurt me,” as
the nursery rhyme goes. Guns, on the other hand, will kill you."

Also note who contributed in the crafting of this brief...

Chicago Board of Education
Institute of Medicine of Chicago
Wayman African Methodist Episcopal Church of Chicago
Illinois Council Against Handgun Violence
Legal Community Against Violence
Coalition to Stop Gun Violence/Educational Fund to Stop Gun Violence
Violence Policy Center
States United to Prevent Gun Violence
Freedom States Alliance

Mike W. said...

"People always bought the best and latest technology when they could....then showed up for militia training with those weapons."

Not just that, but they were required to have those weapons (and sufficient ammunition) when they appeared for service. - See Militia Acts of 1792.

The only way they could appear properly armed was if they kept those arms as their own personal property.

No anti has been able to sufficiently answer how citizens could show up armed for militia duty if they had no right to possess and carry those very same arms.

A militia is useless if the very people expected to show up armed "collectively" are prohibited from lawfully keeping arms individually, since the collective is nothing more than a group of individuals.