Dave Hardy provides a few links to the motion for summary judgment in the Chicago handgun case.Â A few things pop out at me:
- They offer the possibility of using the privileges and immunities clause, which was gutted in the Slaughterhouse Cases.Â If the court bites, we’d be re-blazing a trail long ago scorched by the Supreme Court.
- It appears Mr. Gura is attempting to chip away a bit at registration.Â While they are not challenging Chicago’s registration requirements per se, they are challenging a few aspects of it.Â Here’s an exerpt:
Whatever the value of registration, the requirement that guns be constantly re-registered burdens gun ownership but serves no useful purpose.Â The city already mandates that registrants immediately notify police of any changes in their registration information, including loss or disposition of a gun or registration certificate.Â Chicago Mun. Code Â§ 8-20-140.Â Moreover, â€œ[a] state may not impose a charge for the enjoyment of a right granted by the Federal Constitution.â€ Murdock v. Pennsylvania, 319 U.S. 105 (1943).Â The penalty for lapsed or improper registration rendering the subject firearm â€œunregisterableâ€ is likewise unconstitutional.
One bite off the apple at a time is how we’ll win this.