[net.politics] The US Supreme Court and the Morton Grove handgun ban

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

My previous posting discussed the US Supreme Court's decision of October 3,
1983.

That article, a copy of a Chicago Tribune article, referred to the one
challenge left to the Morton Grove law; namely, the Illinois State Supreme
Court.  Here is a short description of what transpired in October 1984.

"In October, the Illinois State Supreme Court upheld the constitutionality
of Morton Grove's handgun ordinance, setting to rest any further legal
challenges to the law.  The state Court ruled 4-3 that Morton Grove's
ordinance does not violate principles of the Illinois State Constitution.

"In 1983, the U. S. Supreme Court refused to hear an NRA challenge to the
law under the Second Amendment to the U. S. Constitution, upholding a
Court of Appeals ruling which stated, ``... possession of handguns by
individuals is not part of the right to keep and bear arms...''.

"The state Supreme Court was the final battleground for NRA leaders seeking
to overturn the law.  With all federal and state constitutional questions
settled, Morton Grove's pioneering handgun law remains in effect."

-- from Washington Report, V. 10, No. 3 (December, 1984).

Kleinpaste has previously suggested something like "The US Supreme Court
refused to hear the case...partly at the request of the NRA." 

It is a fabrication to suggest that the NRA requested that the UCSC NOT
rule on the case.  In fact, the NRA filed petitions with the Supreme Court to
OVERTURN the ruling of the Seventh Circuit Court.  In order for the
Supreme Court to have "heard" the case, four justices had to decide
that the matter was sufficiently important, or that the lower court erred
in their decisions.

Jeff Shallit
University of Chicago