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Chicago’s Ban on Guns Struck Down

January 26th, 2014 at 1:02 pm

According to an article recently published by the Chicago Tribune, a federal judge decided that a main part of Chicago’s gun ordinance which prohibits licensed gun stores from operating within the city is unconstitutional. The U.S. District Judge, Edmond Chang, opined that he was not convinced that the prohibition was necessary in order to achieve the goal of reducing gun violence, something that was imperative in order to outweigh the constitutional protections found in the Second Amendment. In addition to that provision, the Judge also decided that it was legal to transfer firearms as gifts or through private sale, provided the recipient was 18 years old or older and had a firearm owner’s identification card.

 Chicago gun ban IMAGEChicago’s crackdown on guns in the relatively recent past had made it a primary target of the National Rifle Association. Reversing the recent ban on licensed retail stores in the city and private gun sales is considered a win by gun rights advocates in their crusade to eliminate some of Chicago’s strict firearm prohibitions. The ruling coincided with Illinois’ new concealed carry law, which was set to take effect in the new year. It should be noted that the city is expected to appeal the judge’s decision, which will likely prevent any gun stores from opening in Chicago any time soon.

While it goes without saying that Chicago struggles with illegal guns and gun violence within the city’s borders, it seems the local government will have to try again to strike a balance between gun safety and respecting constitutional protections, a task lawmakers have been struggling with in the last few years.

The federal judge said that in this particular case, the city failed to show how allowing the legal sale of firearms in Chicago would result in a “genuine and serious risk” to public safety. The ban, he said, reached too far in totally banning legal transactions between buyers and dealers, while also failing to prove that doing so would achieve the purpose of the ban itself. The Judge pointed to other methods, such as regulations and licensing, that would address the city’s concerns while allowing law-abiding citizens to acquire firearms if they chose to do so.

While the NRA has been a key player in this suit as well as others across the country in their aim to chip away at gun control laws, others say that individual citizens have been successful in passing laws with the goal of keeping gun violence down. Some say the city’s ban failed because it aimed too high: the blanket ban on gun sales contradicted the idea that if there is a constitutional right to own a gun, part of that protection is the right to obtain one. Instead, the city may have been more successful in imposing numerous regulations on the sale of firearms.

It is likely that gun control will continue to be a hot button topic in the news and in politics and the local government. This means that crimes involving firearms may be particularly scrutinized by law enforcement and the public. If you or someone you know has been charged with a crime involving a firearm, contacting an adept criminal defense lawyer in the Chicago area is crucial. Contact us today for advice in your particular matter.

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