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June 28, 2008

Gun law "Moratoriums" will outflank Heller

Wilmette, IL (not to be confused with "Willamette" here in gun-friendly Oregon) has just showed their hole card. Wilmette is one of those N. IL cities (along with Morton Grove, Skokie and maybe one or two others) which pretty much banned handguns (except for Aldermen and other political faves). So, faced with Heller, which unequivocally said that such bans are unconstitutional, Wilmette puts their ban "on hold". The City fathers have ordered that it not be enforced.

Yesterday, SaysUncle addressed this issue here, and I contributed a comment. The commenters Kristopher and StraightArrow followed me in the comments section.

The three of us are of one mind. We cannot accept these "moratoriums" ("moratoria" to be latin-correct). Please note that they were done at the stroke of a pen in the Mayor's and Chief of Police offices, and could be undone the same way, anytime those City Fathers feel it appropriate to do so. The laws are still there, and you, as a Wilmette (or Morton Grove, etc) citizen, are still technically violating them if you run out and buy a gun. In fact, I would imagine if your address is Wilmette on your IL FOID card, the paperwork IMMEDIATELY goes to the COP in Wilmette if you buy a handgun. He will file it, and for now, do nothing, but the moment he feels like he can get away with it, his SWAT team will boot down your door to seize the gun and arrest you.

So, do as I suggested in the comment: if you live in Wilmette, or any other city or State in the country with a gun restriction that has been "put on hold" by the government, first, DO NOT CONSIDER THE ANNOUNCED MORATORIUM AN ACT OF FREEDOM. You have merely been put on handgun-parole by the government. THEY ARE STILL WATCHING YOU.

Second, DO join with your fellow citizens in legal action to get the gun laws off the books permanently. You have the Supreme Court AND logic on your side, since there is zero justification in having a law on the books which has been invalidated by a ruling of the SCOTUS.

Consider starting recall efforts for malfeasance in office against any government official who does not want to get rid of the invalidated laws, because their reluctance rightly demonstrates their contempt for constitutional legal process, and by such contempt, they are violating their oaths of office.

It's fairly clear that all these cities declaring these "moratoriums" had preplanned this in case of DeeCee losing the Heller appeal. This is probably what will happen everywhere else in the country where the anti-gun fascists did not plan ahead for a Heller affirmation, they will merely take a little more time to declare those moratoriums. If you live in a City or State which has banned entire classes of firearms, and within the next week or so that government doesn't take action to inform you that such ban has been reversed (or at least "put on hold"), you need to duke in a phone call to Hizzoner or the Guv'ner (Helloooooo, Ahnuld!), and follow up with a letter. When these letters (have them "certified" at the Post Office, so the gubmint can't just toss them and has to file them) start to pile up, some action will be taken. If you are in the legal fraternity, and can put "Esq." after your name, cc that letter to the City (State's) Attorney (also "certified"). These gummint attorneys are under somewhat more of a defined burden to act, lest they commit actionable malpractice.

We have a brief opportunity here to run most of the onerous gun control laws into legal oblivion, but you can bet your last round of ammo that situation will change, and activist Courts will be looking for ways to reclaim for the government the limits on our freedom it has just lost.

Strike fast, and strike hard.

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