Professor’s Tweet Cited In Brief

September 28th, 2010

Alan Gura (with whom I co-authored this article on McDonald) sent me a copy of a brief from an Eastern District of Illinois case dealing with Chicago’s post-McDonald law that bans gun ranges within the city limits. It is notable for its citation of a tweet from Professor Adam Winkler of UCLA (or @adamwinkler for those in the Twittersphere):

Nonetheless, the City invokes the work of noted UCLA Law Professor Adam Winkler relating to standards of review. This reliance is badly misplaced. Regardless of whether the cited article truly reflects the City’s position, it predates Heller’s rejection of rational basis, and McDonald’s finding that the Second Amendment secures a fundamental right, as well as the Seventh Circuit’s opinions applying intermediate review.1 But notably, Prof. Winkler agrees that Chicago’s range ban is unconstitutional: “Reasonable gun control is one thing, this another. Chicago requires 1 hour on range for handgun permit but bars ranges.”, Aug. 16, 2010, 3:18 p.m. (citation omitted) (last visited Sept. 26, 2010).

Gura uses Winkler’s tweet to refute an interpretation of Winkler’s law review article. Cool 2.0