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Federal Court Strikes Down Chicago’s Ban on Sale and Transfer of Firearms

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A federal court has struck down Chicago’s ban on the sale and transfer of firearms ruling that the ordinances passed by the city for reducing gun violence are unconstitutional. The court said that while the government has a duty to protect its citizens, it also has an obligation to protect constitutional rights, including the right to keep and bear arms for self-defense.

US District Judge Edmond E. Chang put a temporary stay on his ruling at the time of issuing it so that the ordinances stay in place during the time statutorily available to the city for raising an appeal. If the city decides not to challenge the ruling, then it would become final and would end Chicago’s gun sales ban.

Todd Vandermyde, the NRA lobbyist welcomed the decision and said that the fact that an Obama appointee has “ruled in favor of the Second Amendment, shows how out of step and outrageous Chicago’s ordinances really are.”

Roderick Drew, a spokesman for Chicago’s law department said that the Mayor disagreed with the decision, and has instructed the department to consider options for regulating gun sales. Drew said, “We need stronger gun safety laws, not increased access to firearms within the city.”

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He further added, “Every year Chicago police recovers more illegal guns 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 guns.”

The ordinances at issue have been challenged by the Illinois Association of Firearms Retailers and three residents of Chicago.

Noting that Chicago’s ban on gun sales not only covered federally licensed firearms dealers, but also prevented family and friends from making gifts of guns to each other, Chang wrote, Chicago “goes too far in outright banning 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 ban sufficiently furthers the purposes that the ordinance tries to serve.”

Despite the ordinances being in place, Chicago had more homicides last year than any other city. Chicago’s ban on assault weapons was not an issue and continues in the city.

Summary:

Chicago’s ban on the sale and transfer of firearms ruling was struck down by the Federal Court saying that the ordinances passed by Chicago to prevent gun violence are unconstitutional. US District Judge Edmond E. Chang says the city is going too far in outright banning legal buyers and dealers from engaging in lawful acquisitions and lawful sales of firearms. There is a need to regulate gun sales.

Federal Court Strikes Down Chicago’s Ban on Sale and Transfer of Firearms by
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Posted by on January 8, 2014. Filed under Legal News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

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