McDonald v. Chicago ruled that the Fourteenth Amendment incorporates the Second Amendment and as such defines that states, counties and local municipalities must guarantee individuals their right to self protection and be allowed to own a gun(s). The ruling also makes it clear that states, counties and local municipalities cannot create gun laws that supersede federal laws……or can they?
The city of Chicago threw together a gun ordinance after McDonald v. Chicago, which is nothing more than an in-your-face scoffing of the United States Supreme Court, much the same way that Washington, D.C. did after District of Columbia v. Heller. Why wouldn’t Chicago do similar things? D.C. has not really been tested as to the Constitutionality of their restrictive gun laws. After all, District of Columbia v. Heller only ruled that the District’s gun ban was unconstitutional. It did not define what can and cannot be used for gun restrictions.
Chicago’s continued gun ban ordinance – because that’s what it is – requires everyone to register their guns. The city has 120 days in order to process an application (in six months that is reduced to 45 days). A person cannot purchase and register more than one gun every 30 days and there will be restrictions of the type of guns allowed. But this “gray” area concerns me.
Guns deemed “unsafe” because of safety recalls or poor quality can’t be registered.
A safety recall on guns might be a bit more clear cut but who is going to make the determination that a gun is “poor quality”? By many people’s standards, there are a lot of “poor quality” guns readily available to purchase. This reeks of manipulation. Also don’t be fooled by this statement. If a gun cannot be “registered” it cannot be purchased and possessed within the city.
So, for those living in Chicago, once you’ve jumped through the hoops of registering your firearm, which will take up to 6 months to do, you can keep it in your house but not be allowed to have it outside, including on your porch or in your garage.
So, tell me what you think. Do you think the McDonald v. Chicago ruling provides that states cannot create any gun laws that exceed those of the Federal Government? Obama and his administration are suing the state of Arizona claiming that Arizona does not have the authority to eclipse the immigration laws of the Federal Government. Does this also mean that Illinois and specifically the city of Chicago, doesn’t have the authority to transcend Federal gun laws?
If and when this all gets sorted out, will it be determined that the Federal Government determines what gun laws will exist? And will this open the door for Federal Government to intrude further into our inalienable rights and craft stricter gun laws?
How does this all align with those states pushing back against the Federal Government in attempts to reaffirm state sovereignty?
Tom Remington
