Chicago Ban on Gun Sales in City Unconstitutional, Judge Rules

[Ranchemp.]

Source: Bloomberg News.

Chicago’s ban on gun sales within the city is unconstitutional, a federal judge ruled, saying the local law on weapons “goes too far.”

The judge delayed the effect of the ruling to give the city time to respond.


Read more: http://www.bloomberg.com/news/2014-01-06/chicago-ban-on-gun-sales-in-city-unconstitutional-judge-rules.html

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It'll be interesting to see what argument Chicago submits to the Court in opposition to this ruling.

[alcibiades_mystery]

1. Somebody should challenge the ban on spray paint sales, too!

It's just a toooooooooollllll!

(For those who don't know, it's illegal to buy or sell spray paint within the city limits of Chicago.

[AtheistCrusader]

3. They should.

That's actually a good analogy.

[neverforget]

2. mmmmm popcorn

[elleng]

4. 'The ordinance, adopted in 2010 after the U.S. Supreme Court

in a 5-4 decision invalidated a ban on gun possession within the city, allowed only the transfer of firearms through inheritance, prohibiting even gifts among family members.'

[bossy22]

6. or purchasing them outside the city

the most stupid thing was that they required training in order to own a gun but prohibited any training ranges within city limits.

Talk about playing games

[bossy22]

5. Good, there was no purpose to it anyway

preventing licensed gun stores from operating in chicago has no effect on crime. It was a stupid feel good measure.

on edit: the Judge is an Obama appointee

[Sassysdad]

7. Interesting......

A Judge appointed by President Obama and confirmed by the Senate in '10 sides with those of us on the RKBA side. Glad to see it.
Of course Chicago will respond and by no means is it settled law, but it means the NRA can't bitch about political leanings in this decision.

[24601]

13. District & Circuit court judges are supposed to follow case law decided by the SCOTUS. But it's not

always clear because SCOTUS opinions tend to be decided on as narrow grounds as necessary to reach a decision. That's why we see multiple death penalty appeals on the same case, always probing grounds that counsel believes hasn't been decided. It's also why the 2012 decision doesn't make ACA "settled law" for all ACA provisions since many issues were not yet before the court.

(prediction - over the next decade, ACA is going to be better business for lawyers than for doctors)

When a case really crosses the threshold into "settled law", e.g. "separate but equal is inherently unequal", it's intuitively obvious to even the casual observer.

[stg81]

8. GOP decries violence in Chicago - yet demands more and more guns there

[Ranchemp.]

9. You couldn't be more wrong.

Il. is a solid blue state, their state govt is dominated by Dems.

[brett_jv]

10. I think you may be misunderstanding the 'argument' being made ...

Always a good idea to consider that possibility before blurting out 'you're wrong!' at someone, anyway

[Ranchemp.]

11. Possible,

so the poster should clarify.

[Bandit]

17. So you are suggesting it is the Democrats that are demanding more guns in Chicago?

I took it that the government (controlled by Democrats) was asking for less guns and no gun sales in the city. go figure...

[hack89]

19. Its Chicago Dems vs all the other Dems

there is a lot of resentment when Chicago pols start throwing their weight around. Chicago tried hard to get the state general assembly to pass the state wide gun laws that Chicago wanted. Chicago go their asses handed to them.

[onehandle]

12. Victory for Viagra alternatives crowd! nt

[frazzled]

14. The courts are (literally) killing us

First, the Illinois ban on concealed weapons was struck down (the last state standing), now this.

My husband and I made an informal New Year's pledge not to patronize any establishment (store, restaurant) that did not display the official Illinois sticker available to businesses that wish to prohibit individuals from bringing a concealed handgun inside (pursuant to Illinois state law, which they'll probably also overturn, telling businesses what they can and can't do):

[seveneyes]

16. Restriction signs are for honest people

Criminals intent on committing their crime will not be influenced by these signs.

[frazzled]

18. Not talking about criminals, but assholes

who think it's cute to bring their guns anywhere: they'll risk having their permit revoked if they walk into an establishment with the sign. Also, I just don't want to patronize anywhere that theoretically endorses gun culture by refusing to put up the sign. I have a feeling most establishments in this city are going to be gun-free zones.

[Drew2510]

20. IIRC in most states this constitutes a simple trespass, thats all.N/t

[Freddie Stubbs]

21. "I have a feeling most establishments in this city are going to be gun-free zones."

And everyone knows that no one is ever shot in a gun-free zone.

[RadleyJ]

22. Intimidation and blackmail can be a powerful and convincing tool

but of course, this kind of reaction is typical for Chicago politicians.

The City Council moved Wednesday to both comply with — and undermine Illinois’ new concealed carry law.

The end-run around concealed carry came when aldermen imposed a requirement that Chicago restaurants that serve liquor ban firearms or lose their city licenses.

The ordinance championed by Finance Chairman Edward M. Burke (14th) and downtown Ald. Brendan Reilly (42nd) would exempt stores that sell packaged liquor.

But all other establishments that serve alcohol — not just bars that generate more than half their revenue from liquor — would be required to prohibit firearms on the premises.

Those that refuse and fail to post signs near their entrances declaring their establishments gun-free zones could be stripped of their licenses to do business in Chicago.

http://www.suntimes.com/news/cityhall/22502980-418/chicago-aldermen-approve-contradictory-gun-laws.html

And in a move that is hardly surprising, police and retired police are exempt from the law.

[madrchsod]

15. the collar county gun stores just lost their cash cow.

no more strawman gun purchases?

http://thinkprogress.org/justice/2013/02/15/1599631/no-chicago-isnt-proof-that-gun-regulation-doesnt-work/