Judge Rules Chicago's Handgun Sales Ban Unconstitutional
By Chuck Sudo in News on Jan 7, 2014 4:40PM
A federal judge ruled Monday that Chicago’s 2010 handgun ordinance overreaches in banning gun sales within the city limits, possibly paving the way for gun stores to open in Chicago by the end of the year and allowing gun owners to legally transfer firearm ownership as gifts or private sales as long as the person buying the gun was 18 and owned a firearm owner’s identification card (FOID).
U.S. District Court Judge Edmond E. Chang wrote in his 35-page ruling that city attorneys failed to prove the ban was fundamental to reducing gun violence in Chicago and that while government is obligated to protect its citizens it also has to protect constitutional rights. Chicago’s gun ordinance “goes too far in outright banning legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms,” Chang wrote.
“The stark reality facing the City each year is thousands of shooting victims and hundreds of murders committed with a gun,” Chang added.
Todd Vandermyde, the National Rifle Association’s chief lobbyist in Illinois, was pleased with the ruling.
“The city is going to have to allow retail gun shops to operate and they are going to have to allow individuals to transfer firearms in normal transactions,” Vandermyde said. “So the question now is: How much more money does Rahm (Emanuel) want to spend fighting it?”
Chang stayed his ruling to allow city attorneys time to craft an appeal, meaning the ban will remain in effect for now. Gun control advocates weren’t happy with the ruling and Mayor Rahm Emanuel said he’s already instructed the City Law Department to review all possible options.
“Every year Chicago police recover more illegal guns than officers in any city in the country, a factor of lax federal laws as well as lax laws in Illinois and surrounding states related to straw purchasing and the transfer of guns,” the city's statement said. “We need stronger gun safety laws, not increased access to firearms within the city.”
Vandermyde seemed confident the city’s options were dwindling and that the ban would eventually be scrapped.
“The city is going to have to allow retail gun shops to operate and they are going to have to allow individuals to transfer firearms in normal transactions,” Vandermyde said. “So the question now is: How much more money does Rahm (Emanuel) want to spend fighting it?”