Federal judge rules Chicago's ban on gun sales, transfers is unconstitutional

[timjake]

01-06-2014 07:45 PM CST
By HERBERT G. McCANN, Associated Press

A federal judge on Monday overturned Chicago's ban on the sale and transfer of firearms, ruling that the city's ordinances aimed at reducing gun violence are unconstitutional.

U.S. District Judge Edmond E. Chang said in his ruling that while the government has a duty to protect its citizens, it's also obligated to protect constitutional rights, including the right to keep and bear arms for self-defense. However, Chang said he would temporarily stay the effects of his ruling, meaning the ordinances can stand while the city decides whether to appeal.


full article is here:
Cox Home Page Location Interceptor | Cox Communications


It'll be interesting to see if Chicago appeals the ruling or if they'll come to the conclusion their laws are out in left field.

 

[BC38]

HOORAY! Anther victory for the 2nd amendment! If they can get it to stick and overturn Chicago's unconstitutional law once and for all, the other B.S. gun ban laws in places like NY and CA should fall one by one as well. We should all be rejoicing in the streets and renewing our NRA memberships to help fund and further the fight!

 

[Bekeart]

Of course Chicago will appeal - early and often.

 

[jimmib]

^^^^^^^^^^
+1 on that

 

[BC38]

Of course Chicago will appeal - early and often.

Naturally. Tyranical governments always oppose power going back to the people. That's why we need to all do our part to support the fight. We have a legal precedent in our favor, now we need to press the advantage. Who better than the NRA to lead the charge?

 

[nawilson]

Funny... I thought that the PRIMARY purpose of government was to secure our unalienable rights. Protecting citizens is at best secondary.

 

[Hodgin]

Good result. What's surprising is that the city's ordinance apparently prevents buying and selling guns within Chicago as well as prohibiting target ranges. The Big Court has already ruled citizens have a general right to guns for self-defense. The fools could probably had gotten away with significant restrictions but not total prohibition. I wish the judge could (would) have fined the city for nuisance ordinancing.

 

[Texas Star]

Federal judge strikes down Chicago's ban of gun sales, transfers - U.S. News


I hope it's okay to post this link to the news story from one source. It seems to be VERY good news, but Rahm Emmanuel and his cronies will appeal and try to otherwise avoid the ruling.

 

[Old TexMex]

A duty to protect, eh? I guess the Hon. Judge Chang didn't get the memo:

DeShaney v Winnebago County Social Services
http://lawenforcementtoday.com/tag/duty-to-protect/
I copy excerpt:
Like its counterpart in the Fifth Amendment, the Due Process Clause of the Fourteenth Amendment was intended to prevent government “from abusing [its] power, or employing it as an instrument of oppression. Its purpose was to protect the people from the State, not to ensure that the State protected them from each other. The Framers were content to leave the extent of governmental obligation in the latter area to the democratic political processes. DeShaney v. Winnebago County Dept. of Soc. Services, 489 U.S. 189, 195-96(1989)

I can't overemphasize the importance of this ruling regarding the duty of the state, and its limitations.

 

[ladder13]

Great news, and from a judge appointed by the current administration makes it even sweeter.

 

[Old TexMex]

The opposition never plays by their own rules, they never sleep, see the thread regarding the Saxet Gun Show in Austin. Same mindset.
Stay vigilant, Stand And Fight.