Chicago's Gun Sale Ban Gets Ruled UnconstitutionalThe Paralegal Resource
January 8, 2014 — 1,128 views
The city of Chicago had long enforced a ban on the sale of guns in retail stores. This was done to protect the citizens from undue harm. But now, a judge has ruled that the ban is unconstitutional. The ruling comes from Judge Edmond Chang and could roll-back the recent efforts made by the Chicago government.
The Ban on Guns
The ban on guns that was enforced for a long time made it difficult for retailers and stores to sell guns illegally. However, there was still some considerable trade in guns which the city police officers tried their best to stop. The police frequently conducted raids to recover stolen guns and many people were put behind bars as a result.
This move was criticized for being too heavily handed by many activists. Some of them tried their best to lobby the government against the move. The case ultimately reached the courts. The court decision is ultimately based on the constitutionality of guns, which cannot be altered by the legislature.
Judge Edmond Chang ruled that while protecting the safety of the citizens is a laudable goal, at the same time, it must not infringe on the constitutional rights of the citizens.
The ruling has been applauded by several associations, such as the National Rifle Association and by several other gun rights advocates. At the same time, the ruling has been criticized by the mayor, Rahm Emanuel, and several other important gun safety activists.
It is possible that the ruling might get challenged in the future in a higher court. The ruling made by Judge Edmond Chang is not permanently binding and can be challenged under the US justice system. It is expected that the case will be first taken to ninth circuit court; from there it could reach the Supreme Court.
Both sides in the debate are preparing their arguments and are trying to strengthen their respective cases. The final result still remains to be seen, but needless to say, gun politics will still continue unabated in the future.
Whether or not to ban guns has always been a contentious issue in the United States. It has been claimed to be a constitutional right by some and a threat to public safety by others. Several court cases and legislations have decided the limits on gun use. These limits have always been tested from time to time.