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« New study on effect of CCW laws and AW bans | Main | Sheriff's Dept discovers Thompsons, trades for 88 Bushmasters »

Chicago law forbidding gun sales struck down

Posted by David Hardy · 6 January 2014 08:00 PM

Story here.

Chicago bans all gun sales within city limits (including sales by licensed gun dealers), and the court strikes that down. I've read the opinion (don't have an online link yet) and it seems an honest application of "intermediate review." The burden is upon the City to prove real, not speculative, reasons to believe the ordinance will hold down crime. The City cannot come up any evidence. Criminals don't buy from licensed dealers, they get guns from theft. That crime guns trace disproportionately to some licensed dealers may just mean those dealers do more business, hence their guns are more exposed to theft from the purchasers. In any event, the City argues that its buyers can just go to dealers outside city limits -- but that contradicts its claim that not allowing dealers inside city limits somehow limits crime.

3 Comments | Leave a comment

Anon | January 7, 2014 5:28 AM | Reply

The opinion, hosted by the Chicago Sun-Times:
http://tinyurl.com/o62r42j

Note that the case is no longer styled "Benson v. City of Chicago."

The long url:
http://www.suntimes.com/csp/cms/sites/STM/dt.common.streams.StreamServer.cls?STREAMOID=azOWu6oNKuC3l12WAUy8FZhyJxsjEhlu6ZjgBv8viHRatYXQNDNacVnv$QMsgJhbjMpqdV2Mso4mH6beQ6T6p6cn$IfHvVpaPD23r0DuAcZaTfjnUETyN4ze2Kxdkdy8&CONTENTTYPE=application/pdf&CONTENTDISPOSITION=gun-CST-010714.pdf

George K. Young, Jr. | January 8, 2014 3:00 PM | Reply

This is a good ruling by Judge Chang. It is fully supported by the Protection of Lawful Commerce in Arms Act, (15 U.S.C. 7901 (Oct 2005)).

The PURPOSE of the Act was (3) to guarantee a citizen's rights, privileges, and immunities, as applied to the States under the Fourteenth Ame3ndment to the United States Constitution, pursuant to section 5 of that Amendment.

The words "...pursuant to section 5 of that Amendment.", reflects, with specificity, the national congress's will towards the abrogation of Eleventh Amendment State's Sovereign Immunity claims.

Therefore, Judge Chang is merely reiterating what is obvious and to provide the verbiage necessary for those who have not yet achieved the level of maturity and understanding to appreciate independent, individual freedom and liberty.

wrangler5 | January 9, 2014 8:44 AM | Reply

I would suggest that the powers that be in Chicago understand fully the consequences of independent, individual freedom and liberty, and for their own personal and commercial benefit are strongly committed to denying those freedoms and liberties to as many citizens of Chicago as they can get away with. They are knaves, not fools.

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