Slacker
Within 15 minutes of the Heller decision coming down, Alan Gura filed McDonald. I’m scanning for his name in the news and not seeing any new cases. Dude, you have a standard to live up to.
Kidding aside, I do wonder what is next?
Remember, I do this to entertain me, not you.
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June 28th, 2010 at 11:41 am
He told me he was waiting for this to push the California handgun Roster case forward. I’d say that would be a VERY safe bet.
FYI, as an oppressed Masshole standing toe-to-toe with Alan Gura, I asked if State AWBs could be struck down, and he said it probably wouldn’t be very hard given the sales of “Assault Weapons” and normal-sized magazines nation-wide.
June 28th, 2010 at 11:48 am
Give the guy a break! Alan needs a little bit of time to savor his win – and to prepare for the case now that it is remanded back to the 7th Circuit.
I have no doubt that he already has more cases up his sleeve ready to release when he’s ready.
June 28th, 2010 at 11:52 am
I wish I still lived in Chicago, so I could show up in the basement of the Daley Center (that’s where gun registration is) with my Beretta unloaded, cased and locked, FOID in hand, and say “Register this for me, please”.
June 28th, 2010 at 11:58 am
New York city. California. Every state that denies right-to-carry. Massachusetts. Every state that won’t honor other states carry permits. The list is endless, and will represent a looooong string of wins for Gura if he chooses to continue the fight.
June 28th, 2010 at 12:01 pm
I’m thinking CA’s handgun roster, too. That, or something in MA.
He may have to wait until the 7th Circuit has actually issued the ruling according to SCOTUS’s opinion before he can move forward, though.
June 28th, 2010 at 12:05 pm
Next would be to find a few dozen people in a “may issue” state that have been denied carry permits and file a case for that.
The idea that you need a permit to exercise a right is pretty repugnant IMHO, but if you need to get one, it should be “shall issue”.
June 28th, 2010 at 12:07 pm
Seen rumors of Ca. Palmer, Sykes and Peña
June 28th, 2010 at 12:10 pm
Jake, the CA case is already underway, and it will happen to effect the Mass Roster.
Still our Bullshit licensing system could use a good roughing up as well…
June 28th, 2010 at 12:10 pm
Let the man celebrate. He deserves a 5 minute break for a drink!
June 28th, 2010 at 12:13 pm
The shame of it is … well … Illinois politics. In Illinois, under state-wide law, you can have most any gun you want (NFA excluded) in your own home, own land, or fixed place of business (even if you’re just an employee and not an owner). And if the police find out about it because you used it in self-defense, or in defense of an innocent other person, you cannot be prosecuted just because it violates a local ban. But the darn Illinois legislature never dared take on Mayor Daley to preempt nonsense like Chicago’s.
June 28th, 2010 at 12:17 pm
Stopped by Sports Authority, today, in the neighboring town, with my eight-year old daughter. Her eyes went right to a Ruger pellet rifle claiming 1,000 fps. There was a sticker on it “Not for [my town]”. A lot of this stuff will be political and not lawsuit. Vote.
June 28th, 2010 at 12:19 pm
“I do wonder what is next?”
A well deserved vacation?
June 28th, 2010 at 12:39 pm
Next? California is the obvious target.
Oh, I come from Washington D.C. with an appellate brief on my knee.
However, let us see what transpires in Chicago with the additional regulations. Let’s hope Daley imposes really, really burdensome rules!
June 28th, 2010 at 1:13 pm
Gura already filed the Sykes and Pena cases in CA (unconstitutionality of handgun roster and may-issue CCW law), and they got to the point that they were on hold pending a decision in McDonald. So he ain’t slackin, he’s been ahead of the curve for more than a year!
June 28th, 2010 at 1:30 pm
Actually I think Bloomberg should be shaking in his boots right now. I suspect NYC’s ridiculous and arbitrary licensing laws are next. $400+ in fees just to get a license saying you can have a handgun? I’m thinking this will be high on the list of next challenges to attack such schemes as a tax on rights. Similar poll taxes were struck and the same should apply to the 2nd.
Heller never challenged the Constitutionality of the registration and licensing scheme in place in DC so the Court never had to address it. Even if such schemes are held to be reasonable, they must be available and applied in an even handed manner to not act as a defacto prohibition.
I think the question of “Should one be required to have a license to exercise a fundamental right in the home?” will be the next question to be asked for an answer.
June 28th, 2010 at 1:45 pm
Matt’s right. IIRC, there is already a SCOTUS ruling stating that the government may not charge a fee for the exercise of a fundamental right. It came up concerning the licensing fee for CB radios, as I recollect.
And ~$400 is not a trivial sum.
June 28th, 2010 at 2:46 pm
Nail Bloomberg and NYC already. As David mentioned we got the whole CA thing pending pursuant to the McDonald outcome – and now the ball will roll.
June 28th, 2010 at 2:47 pm
I have wondered for years why SCOTUS ruled that the government could not charge a fee for a right, yet there is still a firearms excise tax. Maybe Mr. Gura could take that up down the road.
June 28th, 2010 at 3:28 pm
Don’t forget about us in college!
June 28th, 2010 at 3:50 pm
IZ — “taxes” are not “fees”.
That’s why authors pay income tax, and why the states may charge sales tax on newspapers and cable.
June 28th, 2010 at 5:40 pm
He’ll need to find a new hobbyhorse, since Privileges or Immunities is now a dead letter for at least another generation.
June 29th, 2010 at 8:24 am
http://www.prnewswire.com/news-releases/saf-sues-to-overturn-north-carolinas-emergency-powers-gun-bans-97375354.html