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
Judge: Chicago's Gun Ban Is Constitutional
A gun store manager shows off his wares.   (AP Photo/Ed Andrieski, FILE)

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. (Read more gun control stories.)

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