Judge: Chicago's Gun Ban Is Unconstitutional
But the city is allowed to let ordinance stand for now
By Newser Editors and Wire Services
Posted Jan 6, 2014 6:40 PM CST
A gun store manager shows off his wares.   (AP Photo/Ed Andrieski, FILE)

(Newser) – A federal judge today overturned Chicago's ban on the sale of firearms, ruling that the ordinances aimed at reducing gun violence are unconstitutional. US District Judge Edmond 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 judge noted Chicago's ban covers not only federally licensed firearms dealers, but also gifts among family members, all in the name of reducing gun violence. Chang wrote that the nation's third-largest city "goes too far in outright banning legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms," without proving that the ban would have positive results. Chicago, which last year had more homicides than any city in the nation, still has an assault weapons ban.

Copyright 2016 Newser, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AP contributed to this report.

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Lefty_Libby
Jan 7, 2014 11:31 AM CST
I love the City of Chicago, and don't care to engage in the 'gun talk.' Just glad to say I don't live there. Americans and their gun worship -- disgusting.
MattB
Jan 7, 2014 11:14 AM CST
If we would start killing killers, & make it impossible to live in this country if you are a VIOLENT offender... May take some time, but they should die out fairly soon...
CitizenSoldier
Jan 7, 2014 9:50 AM CST
In light of the Heller and McDonald v. Chicago decisions of the Supreme Court, this decision should be no surprise. There are over 20,000 local, state and federal laws regulating firearms on the books already. And most of them have little or nothing to do with the criminal misuse of firearms. Most of them regulate the lawful sale and possession of firearms. And many create "paperwork crimes" which cause more problems for law abiding citizens than they do for the criminals that the law was allegedly aimed at. Someone else already said it. Politicians propose and pass such laws to make it look like they are "doing something" about crime and to make themselves feel good. At worst, it is base political pandering (Look up "base political pandering" and you'll find pictures of Chuck Shumer, Dianne Fienstein and Michael Bloomberg there lol!) An interesting side note. I saw a news story within the past few days where the Police Chief in Detroit clearly stated that he felt that lawfully armed citizens were a deterrent to crime and therefore, a good thing. The fact that a police chief supports lawful carry and the right of self defense is not new. What is new and interesting about this is that this is a "Big city" police chief. Typically, big city chiefs are political appointees, "politicians in uniform" who, instead of standing on law and principle, will bow to political pressure and posturing from City Hall. I wonder how long this Chief will keep his job, now that he has violated big city political orthodoxy by stating common sense. And Bravo to Hybrid for quoting one of the most profound films in movie history. Personally, my favorite part is the scene immediately after the stewardess cries into the radio "The automatic pilot it deflating!!!!"