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Main Forums => Politics => Topic started by: zxcvbob on July 14, 2010, 12:07:56 PM

Title: 7th Circuit has just overturned Heller and McDonald
Post by: zxcvbob on July 14, 2010, 12:07:56 PM
http://www.ca7.uscourts.gov/tmp/ZD0NKN03.pdf

(They basically took the SC's minority opinion and ran with them, ignoring the actual rulings.)  Note that the 7th is the court that will likely rule on any challenges to Chicago's new and improved gun bans.
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: taurusowner on July 14, 2010, 01:20:18 PM
Misleading title.  A lower court cannot overturn a SCOTUS decision, not matter how much they may choose to ignore for however long they can.
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: AmbulanceDriver on July 14, 2010, 01:22:05 PM
Oh, I foresee the 7th circuit getting royally SPANKED by SCOTUS.  Yes, it'll take a while.  But it's gonna be painful....
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: zxcvbob on July 14, 2010, 01:44:30 PM
It was a provocative title  =D  and yet, that will be the effect; they gutted the SC ruling until the Supremes address it again -- which may not be for a long time.
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: Balog on July 14, 2010, 02:03:59 PM
Quote from: zxcvbob on July 14, 2010, 01:44:30 PM
It was a provocative title  =D  and yet, that will be the effect; they gutted the SC ruling until the Supremes address it again -- which may not be for a long time.

Even the liberal justices have a pretty strongly vested interest in making sure lower courts do as they're told. I predict the 7th getting brought short, and soon.
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: PTK on July 14, 2010, 02:14:39 PM
Yeahhhhh, that's not going to fly. Also, not "overturned", but "ignored" might be more appropriate, as McDonald v Chicago and Heller v DC is now caselaw, not just some random issue.
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: RoadKingLarry on July 14, 2010, 05:17:48 PM
With every piddling government agency and department haveing their own legal enforcement  branch for the dept of education to the library of congress buying riot guns and assualt rifles it's too bad the SCOTUS doesn't have their own SWAT team.
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: Seenterman on July 14, 2010, 05:18:32 PM
What happened? Linky no worky  ???
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: zxcvbob on July 14, 2010, 05:51:07 PM
Interesting.  Not sure what happened, but it probably has something to do with /tmp/ in the path.  Let's see if this one works: http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=08-3770_004.pdf
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: Tallpine on July 14, 2010, 05:59:01 PM
So is this a victory for Nullification ?  :P
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: Scout26 on July 14, 2010, 06:09:45 PM
Hmmm, I only read the first 6 or so pages.  It merely seems to say that 922(g)9 aka the Lautenberg Amendment (prior conviction of domestic violence) is a reasonable restrictionon the 2A.

I don't see it overturning Heller or MacDonald.


Am I missing something ??
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: S. Williamson on July 14, 2010, 07:19:08 PM
Quote from: Tallpine on July 14, 2010, 05:59:01 PM
So is this a victory for Nullification ?  :P
Ever the optimist...  =D
Title: Re: 7th Circuit has just overturned Heller and McDonald
Post by: zxcvbob on July 14, 2010, 07:31:43 PM
There's a good discussion of it going on here:  http://volokh.com/2010/07/13/seventh-circuit-upholds-ban-on-gun-possession-by-people-with-past-convictions-for-misdemeanor-crimes-of-domestic-violence/  (I hope it's OK to post links to other forums here)