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Jan 06 2014

Chicago Gun Ban Declared Unconstitutional

chicago violence

U.S. District Court Judge Edmond E. Chang wrote in a 35-page opinion that Chicago’s 2010 ordinance banning gun sales in city limits is unconstitutional. The ban “goes too far in outright banning legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms,” he wrote. The ruling came in a lawsuit filed by the Illinois Association of Firearms Retailers and three Chicago residents.

Chang did stay his ruling in order to allow the city to appeal his decision. City officials argue that the ban on gun shops makes it more difficult for criminals to obtain guns – though purchasing handguns legally through a licensed dealer hardly seems to fit the typical criminal’s M.O. The Illinois Association of Firearm Retailers and their legal representatives predict that firearms dealers may be able to set up shop before the end of 2014. The decision is yet another blow for the city, a pattern that has been consistent since the Supreme Court ruled the city’s handgun ban unconstitutional in 2010. Illinois’s total ban on concealed carry was overturned just last year.

Chang acknowledged the city’s “fundamental duty” in the name of public safety, and the fact that Chicago’s violent crime rate is astronomical. However, in order to exercise one’s Second Amendment right to self defense, one must also be able to purchase a gun. He noted that if other local municipalities were to adopt the Chicago model, citizens may have to travel long distances just to practice this most basic human right. The city’s response was obscure at best, protesting that gang members are less likely to travel. Chang further stated that there is absolutely no evidence to support the idea that Chicago’s gun ban actually works to prevent crime.

Roderick Drew, a spokesman for Chicago’s law department, made a statement that mayor Rahm Emanuel disagrees with the decision and already has lawyers working towards producing new gun control regulations. Drew reports that Chicago has the largest amount of illegal guns seized by police annually – and sites lax state laws as the reason. With some of the strictest gun control in the country, it is hard to see how anyone can consider the laws “lax.”

The city’s ban on assault weapons will remain in place.

2 comments

  1. Smoky

    Roderick Drew, seriously? “Drew reports that Chicago has the largest amount of ILLEGAL guns seized by police annually” is your argument supporting the gun control laws? Drew, please, read that statement again. This kind of idiocy is running rampant across the country. Criminals do not register their firearms. They don’t buy them from legitimate dealers who have the whole background check and waiting period. They buy them out of the trunk of a car from out of town that your police seized AFTER they already made dozens of transactions.

  2. jay

    If the mayor of Chicago what’s solve the crime issue in his city he should look at Kennesaw Georgia and how they solved that problem . It was by disarming the citizens but by require them ti be armed. Because guess what criminals don’t like messing with people or town where they know everyone is armed.

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