[net.politics] The Supreme Court and the Morton Grove decision

shallit@gargoyle.UChicago.UUCP (Jeff Shallit) (01/06/85)

>> = Jeff Shallit
> = Karl Kleinpaste

>>No, YOU are incorrect.  On October 3, 1984, the US Supreme Court
>>let stand a Court of Appeal ruling
>>which stated, ``...possession of handguns by individuals is not part of the
>>right to keep and bear arms.''
>----------
>OK, I'll bite. In order to  properly  consider  your claim, I wish to know a
>full,  detailed  reference which I can use to hunt it down  myself.  I  will
>admit openly to being suspicious about this claim, because if in fact the US
>SC had upheld anything with respect to the Morton Grove case, it would  have
>received a phenomenal amount of  news time on newspapers, TV, and radio, and
>I  don't  recall seeing any at all. So, please: supply us  with  a  complete
>reference.  If you wish, just post the whole thing, if it's not too terribly
>long; but whatever you do, please give it a contextual reference point.
>
>----------

From the Chicago Tribune, Monday, October 3, 1983,
lead headline, front page:

"Handgun ban upheld"
"Morton Grove law clears court"

by Howard Witt

"The United States Supreme Court let stand Monday the lower court rulings
that upheld Morton Grove's controversial handgun ban, clearing the way
for local governments across the country to outlaw the sale and possession
of handguns.

"The justices, without comment, upheld a decision by the U. S. Court of
Appeals here, which ruled that Morton Grove's handgun ban does not violate
the Second Amendment's right to keep and bear arms.  The challenge to the
law had been led by the National Rifle Association and the Second
Amendment Foundation.

"While binding only in the Seventh Circuit, which covers Illinois, Indiana,
and Wisconsin, the appeals court ruling is expected to furnish a precedent
across the country to communities considering similar handgun bans.

"Morton Grove's landmark law, approved in June, 1981, fueled a nationwide
struggle between pro and antihandgun forces as they descended upon other
communities considering handgun bans.  Evanston was the first community
to follow Morton Grove's lead, while Chicago stiffened handgun
registration laws.

"The Morton Grove law prohibits the sale and possession of handguns within
the borders of the village of 24,000.  Exceptions were provided for law
enforcement officers, licensed gun collectors, and certain others.

"Other communities, including neighboring Skokie, had been awaiting the
outcome of challenges to Morton Grove's law before considering bans of their
own.  Skokie trustees,  set to consider outlawing the sale and possession
of handguns Monday night, could become the first to enact what antihandgun
forces expect to be a wave of new bans.

" 'The people of Morton Grove have been vindicated,' said an exuberant
Morton Grove Mayor Richard Flickinger.  'We beat the NRA.  A lot of other
communities will now feel they can go ahead and pass handgun bans.'

"The National Coalition to Ban Handguns in Washington interpreted the
Supreme Court's decision as 'a crusing blow to the NRA and other members of
the gun lobby', said spokesman Joshua Sugarmann.

" 'They have consistently used the Second Amendment as a club against
communities whishing to enact handgun bans like Morton Grove's,' Sugarmann
said.  'The Supreme Court has robbed them of that club.'

"NRA officials said Monday morning they were still considering their
reaction to the decision.  But pro-handgun forces have long vowed to
challenge other handgun bans in different jurisdictions to bring the issue
before the high court.

"Mark Challender, a spokesman for the Citizens Committee for the Right
to Keep and Bear Arms in Seattle, Wash., said he was discouraged by
the high court's decision not to decide the case.

" 'But the fight is certainly not over,' Challender said.  'The fact remains
that the people of Morton Grove did not choose to have a handgun ban.  It
was decided for them by their leaders.  Nowhere in the U. S. where
a handgun ban has been brought before the people has it ever passed.'

"Fewer than a dozen handguns have been voluntarily surrendered to
Morton Grove police since the law took effect in February, 1982.

"One challenge to Morton Grove's law remains pending before the Illinois
Supreme Court, which heard oral arguments on the case last spring but has
yet to render a decision.

"The three-judge panel of the Seventh Circuit appeals court, which split
2 to 1 in upholding Morton Grove's ordinance, relied heavily on a 1939
Supreme Court decision it interpreted to mean that the constitutional
right to keep arms extends only to those weapons a militia might need."

gam@amdahl.UUCP (gam) (01/09/85)

> From the Chicago Tribune, Monday, October 3, 1983,
> lead headline, front page:
> 
> "Handgun ban upheld"
> "Morton Grove law clears court"
> 
> by Howard Witt
> 
> "...Fewer than a dozen handguns have been voluntarily surrendered to
> Morton Grove police since the law took effect in February, 1982."

Remarkable effectiveness, this new handgun law.
-- 
Gordon A. Moffett		...!{ihnp4,hplabs,sun}!amdahl!gam

shallit@gargoyle.UChicago.UUCP (Jeff Shallit) (01/10/85)

In article <> gam@amdahl.UUCP (gam) writes:
>> From the Chicago Tribune, Monday, October 3, 1983,
>> lead headline, front page:
>> 
>> "Handgun ban upheld"
>> "Morton Grove law clears court"
>> 
>> by Howard Witt
>> 
>> "...Fewer than a dozen handguns have been voluntarily surrendered to
>> Morton Grove police since the law took effect in February, 1982."
>
>Remarkable effectiveness, this new handgun law.
>-- 
>Gordon A. Moffett		...!{ihnp4,hplabs,sun}!amdahl!gam


     Your sarcasm notwithstanding, your remark demonstrates little but
your ignorance.

     In this law, and several similar ones, the point is NOT to force
people to turn in their handguns.  Indeed, why would you do so BEFORE
the Supreme Court ruled on its legality?  The point is to halt the
number of NEW handguns.  And in this, the law WAS effective--I believe
a gun store in Morton Grove was forced to relocate elsewhere.

     Also, you must realize that Morton Grove is a small town, with not
much handgun ownership to begin with.

Jeff Shallit