Chicago Will Abide Judge's Say Overruling Gun Sales Ban

By Chuck Sudo in News on Jan 10, 2014 7:25PM

Mayor Rahm Emanuel announced the city would not fight a federal judge’s ruling earlier this week declaring Chicago’s ban on handgun sales unconstitutional and asked for six months to draft rules and regulations restricting where gun sales would be allowed within the city limits.

Emanuel called the ruling by U.S. District Court Judge Edmund E. Chang a “straitjacket the court put us under,” but acknowledged the city’s costly and mostly fruitless battle to keep the handgun ban on the books played a factor in his decision.

“I'm not interested in litigation for the purpose of litigation,” Emanuel said. “I'm interested in getting public safety for the people of the city of Chicago. The court set up a set of boundaries.”

Emanuel said Friday he instructed the City Law Department to work with public safety experts and community leaders to help draft the guidelines while conveying the standard tropes about how gun shops won’t be located near schools or areas where children are present.

“It's not like a shortage of guns. People get access to guns,” Emanuel said at a news conference announcing his decision. “But I'm going to try to do it in a way, a thoughtful way, a strategic way, that doesn't undermine what we're trying to do in bringing a level of safety and security to the people of the city of Chicago.”

Chang ruled Monday that city attorneys failed to prove the ban on firearm sales 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 ruling paves the way for gun shops to possibly open in Chicago by the end of the year. Chang stayed his ruling to allow the city time to explore its options.