Easterbrook questioned whether lower courts should make such a leap.
"Federalism is an older and more deeply rooted tradition than is the right to carry any particular kind of weapon," he wrote. Deciding what is a fundamental right is "for the justices rather than a court of appeals, " he said.
The high court will not consider an appeal in the Chicago case until the fall. By then, Sotomayor may well be one of the justices considering the issue.
"This ruling is significant because it means that we can continue to enforce our gun ordinance while this case progresses," said Jennifer Hoyle, spokeswoman for Chicago's Law Department, said in a written statement.
"We recognize, though, that this fight is not over, and we are prepared to go to the Supreme Court if the court agrees to take the case," she added, noting that in the Washington, D.C., case, the Supreme Court determined that "reasonable" gun restrictions would pass constitutional muster.
In December, Chicago Mayor Richard M. Daley said he was looking at less-sweeping gun control measures in the wake of the D.C. ruling. Daley specifically referred to new laws in the nation's capital requiring gun owners to go through five hours of safety training, register their firearms every three years and undergo criminal background checks every six years. Hoyle could not immediately verify the status of those efforts.
Richard Pearson, executive director of the Illinois State Rifle Assn., said he predicted last year that the case would go to the Supreme Court.
"It was not unexpected," Pearson said. "The only surprise to this was it happened so quickly." Oral arguments were held before the 7th Circuit on May 26, he said. Typically, decisions come months after arguments are heard.
"They did say this case was better decided by the Supreme Court than the 7th Circuit," Pearson added, noting that the Supreme Court in previous Bill of Rights cases has extended federal interpretations to states and cities -- a step called "incorporation" in legal language.
Most of the other rights are incorporated, "so I see no reason why this won't be incorporated," he said.
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david.savage@latimes.com
Hal Dardick of the Chicago Tribune contributed to this report.
