Skip to comments.Federal judge strikes down Chicago gun law
Posted on 01/06/2014 4:13:36 PM PST by markomalleyEdited on 01/06/2014 4:53:05 PM PST by Admin Moderator. [history]
A federal district court judge in Chicago ruled Monday that the citys ban on gun sales is unconstitutional.
In a 35-page opinion, Judge Edmond E. Chang from the Northern District of Illinois wrote that the citys law goes too far. Chang was appointed by President Obama in 2010.
Chang delayed the effect of his ruling, however, in order to allow the city time to respond. In his opinion, he acknowledged the citys stark reality of thousands of shooting victims and murders each year.
But on the other side of this case is another feature of government.: certain fundamental rights are protected by the Constitution, put outside governments reach, including the right to keep and bear arms for self-defense under the Second Amendment, he wrote. This right must also include the right to acquire a firearm.
Currently, Chicago bans the sale of handguns within city limits. The ban was imposed when the city enacted new regulations after the Supreme Court struck down the citys handgun ban in 2010.
In September, a committee of Chicagos city council members amended its laws to allow concealed weapons. This change reflected the law Illinois lawmakers passed last year allowing people to carry concealed guns.
And Rahm will cut another nice check to the plaintiffs.
It’s death by a thousand cuts at this point with all of the ridiculous, petty, anti-2A ordinances the Chicago city council can’t help themselves from passing (unanimously in most cases).
Daley-Obama et al ain't gonna' like that.
Still, it’s going to leave a mark.
Do I understand this correctly? Chicago passed a new law banning the "sale of" guns in Chicago after the supreme court ruled they could not ban the right to bear arms? Next they'll ban the use of ammunition, then the sale of ammunition. Then they'll move on a ban to limit the forcible projection velocity of objects smaller than a baseball.
Chicago is a joke, a circus and bastion of immoral filth, hatred and corruption.
Electing(selecting) democrat judges is suicidal.. in every case, federal, state or local..
The Obama Crime Family will not be happy. It’s not nice to mess with the Dear Leader. For a window into the future, I refer to to recent events in North Korea.
The appalling rate of firearm homicides in Chicago is the very reason to strike down any and all impediments that keep the local citizenry unarmed.
The police have no obligation to protect anyone. The courts have no authority to force them. People must rely on themselves and their neighbors for their own protection.
Let it happen.
Chicago has frozen over
both literally and figuratively.
The work environment for the goons
and thugs that keep some of these
hoodlum politicians in office is
about to become significantly
...ruled Monday that the citys ban on gun sales is unconstitutional... Judge Edmond E. Chang... wrote that the citys law goes too far. ...was appointed by President Obama in 2010. ...delayed the effect of his ruling ...to allow the city time to respond... acknowledged the citys stark reality of thousands of shooting victims and murders each year. But on the other side of this case is another feature of government.: certain fundamental rights are protected by the Constitution, put outside governments reach, including the right to keep and bear arms for self-defense under the Second Amendment, he wrote. This right must also include the right to acquire a firearm.IOW, on the correct side of this case is the stark reality of the unconstitutional nature of the law. Thanks markomalley.
This will allow more guns in Chicago. I wonder if, oddly, there will now be a decrease in murders in Chicago.
BWA HAA HAAAA
“Shall not be infringed” Do these morons need to be reminded of what infringe means? I know, the question doesn’t mean much in light of our lost culture in America.
Actually, that’s Gomer Pyle. Barney was all “Nip it! Nip it in the bud!” Frankly, I think Barney would have been a gun grabber.
Shazam’ You Nailed it!
The Federal circuit here is surprisingly conservative. The fact that on Obama appointee wrote this is pretty incredible, tho.
I suspect a audit is in his future.
Yup. Better be checking under the hood of the car.
A “wretched hive of scum and villainy.”
or even an Obamacare injection, the way things are going they may have to start making house calls
oops. Right sitcom.
Why not just make murder illegal that will solve crime right? These guys are stupid.
Oh, no. Now the streets will run red with blood because law-abiding citizens don’t have to go to Skokie to buy a gun. Don’t they understand that they’re doing it all for the children?/sarc
Mark Walsh, campaign director for the Illinois Council Against Handgun Violence, said the financially powerful NRA has systematically fought to water down gun laws in Illinois and across the country.Why, I declare, he's right!
That's the NRA's game plan. They keep filing suits and filing suits to chip away laws and get to their ultimate goal of a complete armed citizenry, he said.
I fail to see the problem with a fully armed citizenry. Indeed, the Founders would be proud, I wager.
“And Rahm will cut another nice check to the plaintiffs.”
No. Rahm will get payoffs from those who wish to sell firearms legally.
I think it is important to remember that Heller and McDonald did not hold that the Second Amendment in toto applied to the states and municipalities. In fact, so far the Supreme Court has only upheld the rights of all citizens to own a handgun for home protection, nothing more. No rights to a hunting rifle or any other weapon have been found to apply.
This is because the Second Amendment and the rest of the Bill of Rights only protected against encroachment by the federal government. The states were free to make any law contrary to the Bill of Rights. Every decision of the Supreme Court since our country’s founding, has recognized that the Bill of Rights did not originally apply to states and municipalities. Every current member of the Court has also recognized this original intent of the founders. To extend the application of the Bill of Rights, including the Second Amendment, beyond the federal government, the Supreme Court has relied on the Fourteenth Amendment to evolve a judicial process called “selective incorporation.” This holds that certain rights are fundamental, because they are “implicit in the concept of ordered liberty” or because the rights were “deeply rooted in our nation’s history and traditions.” Heller was the first time that the Supreme Court held that the Second Amendment applied against the states and local governments, but again, it did so only to the extent that it recognized the right to own a handgun for home protection. There is indeed a long way to go.
Big whoop, they will ignore this like all the other rulings.
I was stationed on a Nike Base back in 1957 in a small town near Chicago, and frequently hauled Missiles downtown. I picked up lead dimes and quarters there in change, that is really corrupt.
Damn..first Sottamayor sorta does the right thing....
And now this.....
Pray for a reverse Souter..lol
Random Act of Justice. How refreshing.
Maybe not. Maybe Chang figures that if you arm the minorities...
...They might be more intimidating to the conservatives.
“Chang delayed the effect of his ruling, however, in order to allow the city time to respond.”
A ruling for the left would take effect immediately.
Now if we could just work on overturning the Federal ban on light bulbs.
The only "infringement" these thugs recognize is that posed by an armed populace against their designs for a totalitarian police state.
That should be a Gomer Pyle imitation.
Let there be concealed carry rights!
With the rampant crime in this area.... JEEEEZUS, give a law abiding citizen a fair chance to defend himself!
Why is Chicago dead-set on making its citizens defenceless sitting ducks to be killed, robbed and raped by criminals that IGNORE gun laws?
Its almost as if Chicago has a vandetta against productive citizens and WANTS them to be defenceless.
“””Come visit, Chicago. We have the highest crime rate in the country, but sorry, we made it illegal defend yourself.”
Note the deference the judicial system gives to liberal governments and contrast that with the absurd decision in Utah or any SSM case.
Alderman scum have had up to four bodyguards (Chicago police) protecting themselves, acting as their personal chauffeur as well.
Incidentally, Alderman Burke, had an 8 million dollar campaign war chest. I’m not sure how many bodyguards he has at the moment, nor how much money is in his kitty, but I’ll wager that if he wanted to pack heat all these years to protect himself and his family, he did so at will, as well all the aldermanic scum.
I think you meant Gomer Pyle...
Whenever lefists are forced to obey the Constitution and permit gun ownership; it destroys a few of their long held sacrosanct commie narratives.
One- guns are dangerous and cause crime. No- guns save lives and prevent criminals from harming us and our families. Two- the state/collective/hive protects us with their guns. No- I protect myself and my family with my gun(s.)
Yes, protection from the Federal Gov’t, BUT many states have that same guarantee in their state constitutions. Not Illinois.
STOLEN from another web site:
Constitution of the State of Illinois
BILL OF RIGHTS
SECTION 22. RIGHT TO ARMS
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be
infringed. (Source: Illinois Constitution.)
Richard Pearson, Executive Director of the Illinois State Rifle Association says , it wasn’t supposed to be in there.
Although the title of Section 22 is Right to Arms, it isn’t about the individual’s right at all.
What is does, is define the path by which the Illinois State Government can strip away what the U.S. Constitution promises shall not be infringed.
The State of Illinois has been stripping away thefundamental right of arms ever since.
Let any good citizen carry concealed and crime will really drop.
Yes, you do. They call themselves democrats but they aren't. They are defiant progressives part of the group here to destroy what is left of America through crime and bankruptcy. Get it?
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