7th Circuit upholds municipal handgun ban.

• Date: 08 June 2009
• Author: Ziemer, David

Byline: David Ziemer

The Seventh Circuit wasted no time in issuing its opinion on whether the Second Amendment applies to cities and states.

On May 26, it heard oral arguments. One week later, the court held that it is strictly for the U.S. Supreme Court to decide whether it does or not.

While the quick turnaround is noteworthy, the result was not surprising.

During oral arguments, Judges Richard A. Posner and Frank H. Easterbrook frequently interjected to object that it is not the court's job to anticipate the Supreme Court overruling its prior opinions.

The court's opinion, written by Judge Easterbrook, was consistent with the tone of the oral argument.

If a court of appeals could disregard a decision of the Supreme Court by identifying, and accepting, one or another contention not expressly addressed by the Justices, the Court's decisions could be circumvented with ease, Easterbrook wrote. They would bind only judges too dim-witted to come up with a novel argument.

At issue are ordinances of the city of Chicago and the village of Oak Park, Illinois, banning the possession of most handguns.

The ordinances were challenged based on the Supreme Court's holding in District of Columbia v. Heller, 128 S.Ct. 2783 (2008), that the Second Amendment entitles people to keep handguns...