Federal judge rules city ban on handgun sales unconstitutional - Chicago Sun-Times

Federal judge rules city ban on handgun sales unconstitutional - Chicago Sun-Times

Federal judge rules city ban on handgun sales unconstitutional

BY KIM JANSSEN Federal Courts Reporter January 6, 2014 5:03PM

In a win for gun dealers, a federal judge has declared unconstitutional Chicago’s ban on the sale of handguns within the city limits.

U.S. District Court Judge Edmond E. Chang wrote in a 35-page opinion that “Chicago’s ordinance goes too far in outright banning legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms . . .”

Chang stayed his judgment until the city can file a motion to argue that the judgment should be delayed until the appeals process is completed.

City of Chicago attorneys argued that it needed to ban the sale of handguns within the city because it wanted to restrict criminals’ access to licensed dealers; restrict gun acquisition in the illegal market; and eliminate gun shops, which are dangerous in themselves and cannot be properly regulated.

The plaintiffs in the lawsuit — a combination of Chicago residents and an association of Illinois firearms retailers — argued that if they have the right to have a handgun within city limits — as courts have ruled — then they have a right to buy one within the city.

That argument carried the day with the judge.

The ruling, though, does not ban the city from imposing regulations on the sales of handguns within the city.

“Indeed, nothing in this opinion prevents the City from considering other regulations — short of the complete ban — on sales and transfers of firearms to minimize the access of criminals to firearms and to track the ownership of firearms,” Chang wrote.

Rogers Park retiree and NRA member Kenneth Pacholski, 56, was among the gun owners who filed the lawsuit in 2010.

“This is a very good ruling for us — its all about being able to defend ourselves.”

Pacholski said legal gun owners “watch who we sell guns to,” whereas criminals “are already easily buying guns that are not legal.”

He said he didn’t need any more weapons but would welcome legal gun stores in the city.

“I think this will make the city safer,” he said.

Attorney Charles J. Cooper, who represented the Illinois Association of Firearm Retailers and other plaintiffs, said it’s possible guns stores will now open within the limits before the end of 2014.

“The bottom line is that the law affords citizen of Chicago and the state of Illinois the right to possess firearms to defend themselves, so it follows that they have a right to legally purchase those firearms, and the city can’t place a blanket restriction on them.”

But Mark Walsh, campaign director of the Illinois Council Against Handgun Violence, said he was disappointed by the ruling.

“In a way it’s not surprising, because of the way the courts have been ruling,” he said, adding that he wanted to make sure straw purchasers cannot be used to get around background checks, as anti-gun violence activists including Walsh have complained has often been done at Chuck’s Guns in Riverdale.