Judge: Chicago ban on Gun Sales Unconstitutional

The case is Benson v. City of Chicago, 10-cv-04184, U.S. District Court for the Northern District of Illinois (Chicago).

A federal judge ruled Monday that Chicago’s ban on virtually all sales and transfers of firearms is unconstitutional.

GunbanThe stark reality facing the City each year is thousands of shooting victims and hundreds of murders committed with a gun. But on the other side of this case is another feature of government: certain fundamental rights are protected by the Constitution, put outside government’s reach, including the right to keep and bear arms for self-defense under the Second Amendment,” wrote U.S. District Judge Edmond Chang.

“Chicago’s ordinance goes too far in outright banning legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms,” he continued.

Chang explicitly did not rule out other types of regulation, short of a complete ban, in order to “minimize the access of criminals to firearms and to track the ownership of firearms.

“But the flat ban on legitimate sales and transfers does not fit closely with those goals,” Chang wrote.

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