Post McDonald
ESR ponders what’s next: It seems to me that the next logical target is concealed-carry bans and permit requirements for handguns. This is an issue that affects more Americans than restrictions on long arms or registration requirements, so popular pressure should be easiest to muster here.
Chicago backs off that whole one gun ever nonsense. Opts for one a month. And opts for some odd prohibitions: Instead of one handgun for every qualified person living in a home as planned, it allows “one handgun per month” and prohibits possession outside the home. The garage, yard, porch, deck or walkway would be off-limits.
Other tidbits: only one handgun may be assembled and operable. Requires liability insurance. No gun shops in the city. Prohibitive fees with penalties for additional guns.
If I were a noted second amendment lawyer, I’d be licking my chops right now. Gura does note: please note that many of the rumors and early reports about what it contains are not accurate or vague in potentially misleading ways
If we treated other rights like Daley wants to treat the second amendment.
July 2nd, 2010 at 10:09 am
They can probably get away with One-Gun-A-Month.
No possession outside the home? Certainly can’t be restricted within own property. Some sort of transport laws would be needed (although draconian ones would probably hold up).
Liability Insurance? Discriminates against the poor.
Only one assembled? Unclear. Probably not legal.
No gun shops? Can’t restrict to that extent; if SCOTUS has said sex theaters can’t be forbidden then gun shops are going to be okay, too. You might be able to limit how many and their location, though.
High fees: depends on how prohibitive. $200 apparently isn’t prohibitive, and governments have a lot more leeway with taxes than with other things. That said, a sales tax would be one thing but a possession tax probably wouldn’t work.
IANAL; TINLA
July 2nd, 2010 at 10:39 am
Wolfwood – Last I had heard, the fees are apparently supposed to be for the licensing, and need to be paid with each renewal every 3 years. I’d call that prohibitive.
Of course that assumes there are no more changes. I don’t think anything is really set in stone yet.
July 5th, 2010 at 6:42 am
FYI, the insurance provision was not included, draconian but do-able transportation requirements are there. Registration ‘updates’ are also req’d every year, and within 24 hrs of when any of your info changes, such as if you move.
Also have to carry your gun registration when you are carrying ammo, like when you travel to the suburbs to buy ammo.
–Mark
July 5th, 2010 at 10:05 am
Thanks for the update, mark.