Chicago Gun Ban Ruled Unconstitutional by Judge

TINLEY PARK, IL - OCTOBER 18:  Pistols are offered for sale at Freddie Bear Sports on October 18, 2012 in Tinley Park, Illinois.  Facing a $267.5 million fiscal 2013 budget gap, Cook County, which includes the City of Chicago and suburbs, has proposed a tax of 5 cents per bullet and $25 on each firearm sold at gun and sporting goods stores in the county. Fred Lutger, who has owned Freddie Bear Sports for 35 years, is concerned with the impact the tax will have on his store which is located about 2 miles inside the Cook County line.  (Photo by Scott Olson/Getty Images)

Chicago Gun Ban Ruled Unconstitutional by Judge

A federal judge ruled Monday that it is unconstitutional to prohibit licensed gun stores from operating in the city.

Published January 7, 2014

A federal judge ruled Monday that it is unconstitutional to prohibit licensed gun stores from operating in Chicago.

U.S. District Judge Edmond Chang says the city has not shown how banning the sales and transfers of guns by legal buyers and dealers will combat the issue of gun violence in Chicago. Chang cited the right to keep and bear arms for self-defense under the Second Amendment as part of his decision to overturn the ban. 

The ruling also allows an owner to transfer a firearm as a gift or through a private sale as long as they are 18 and older and have a firearm owner's ID, according to the Chicago Tribune. Judge Chang has not ruled against other parts of the city's gun regulation law. 

The homicide rate in Chicago was down by 18 percent in 2013, according to the city’s police department. Last year 415 homicides were reported, compared to 503 in 2012 and 435 in 2011. This is the fewest murders in the city since 1965.

The judge has given the city time to file an appeal. Mayor Rahm Emanuel “strongly disagrees” with the decision and urges city attorneys “to consider all options to better regulate the sale of firearms within the city's borders,” according to a written statement released by the city's Law Department.

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Follow Natelege Whaley on Twitter: @Natelege.

 (Photo: Scott Olson/Getty Images)

Written by Natelege Whaley

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