Chicago's ban on gun sales violates the Second Amendment, rules federal judge
| CHICAGO
A federal judge on Monday overturned聽Chicago's聽ban聽on the sale and transfer of firearms, ruling that the city's ordinances aimed at reducing聽gun聽violence are unconstitutional.
US District Judge Edmond E. Chang said in his ruling that while the government has a duty to protect its citizens, it's also obligated to protect constitutional rights, including the right to keep and bear arms for self-defense. However, Chang said he would temporarily stay the effects of his ruling, meaning the ordinances can stand while the city decides whether to appeal.
The decision is just the latest to attack what were some of the toughest gun-control laws in the nation. In 2010, the US Supreme Court struck down聽Chicago's聽long-standing聽gun聽ban. And last year, Illinois legislators were forced by a federal appeals court to adopt a law allowing residents to carry concealed weapons in Illinois, the only state that still聽banned聽the practice. The resulting state law largely stripped city and officials of surrounding Cook County of their authority to regulate聽guns, which especially irked officials in聽Chicago, where residents had to apply for concealed-carry permits through the police chief.
National Rifle Association lobbyist Todd Vandermyde applauded Chang's decision, saying the fact a federal judge appointed by President Barack Obama "ruled in favor of the Second Amendment, shows how out of step and outrageous聽Chicago's聽ordinances really are."
Roderick Drew, a spokesman for聽Chicago's聽law department, said Mayor Rahm Emanuel disagrees with Chang's ruling and has instructed the city's lawyer to consider options to regulate聽gun聽sales.
"Every year聽Chicago聽police recover more illegal聽guns聽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聽guns," Drew said. "We need stronger聽gun聽safety laws, not increased access to firearms within the city."
Chang's ruling came in a lawsuit filed by the Illinois Association of Firearms Retailers and three聽Chicagoresidents. The judge noted聽Chicago's聽ban聽covers not only federally licensed firearms dealers, but also gifts among family members, all in the name of reducing聽gun聽violence.
Chang wrote that the nation's third-largest city "goes too far in outright聽banning聽legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms, and at the same time the evidence does not support that the complete聽ban聽sufficiently furthers the purposes that the ordinance tries to serve."
Chicago聽last year had more homicides than any city in the nation. City officials have long acknowledged theban聽on聽gun聽sales has been weakened due to the legal sale of聽guns聽in some surrounding suburbs and states.
Chicago聽gun聽collector Kenneth Pacholski, one of the plaintiffs, said he has no interest in selling聽guns聽and buys only antique聽guns聽that he intends to keep. But he said聽Chicago's聽ban聽was unreasonable.
"All the people I know who own聽guns聽legally are really careful," said Pacholski, whose wife, also was a plaintiff. "I'm a collector; my聽guns聽are not going anywhere unless I know where they're going because I don't want to be responsible for someone's death."
Illinois Council Against Hand聽Gun聽Violence campaign coordinator Mark Walsh said he wasn't surprised by the ruling, based on the court's recent rulings on聽Chicago's聽gun聽control measures.
"I'm not sure what the city's plan is (in reacting to ruling), but I think obviously there is a need to make sure gun聽dealers coming into the city are aware of those who have restrictions on聽gun聽ownership and don't sell to them," he said.
Chicago聽still has a聽ban聽on assault weapons.
Associated Press reporters Michael Tarm and Tammy Webber contributed to this report