Court slaps Chicago AGAIN on its gun laws . . .

[HankB]

A Federal judge has just ruled that Chicago's prohibition of gun sales within city limits is unconstitutional:

http://www.statesman.com/ap/ap/social-issues/federal-judge-ban-on-gun-sales-unconstitutional/ncdyf/

The judge noted that the ban covered not only federally licensed firearms dealers, but also family gifts. In his 35-page opinion, he wrote that he understood Chicago banned gun sales to safeguard residents, but also that " . . . . 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."

The ruling is stayed pending potential appeal, but it's still a win.

(Question for our legal eagles: since Chicago has had laws struck down before on Constitutional grounds, were convictions under the unconstitutional laws automatically voided?)

[drewtam]

Piece by piece, it is slowly being dismantled.

I don't think it is automatic. I think those with the conviction will need to appeal in each case. BUT... IANAL.

[RevDisk]

(Question for our legal eagles: since Chicago has had laws struck down before on Constitutional grounds, were convictions under the unconstitutional laws automatically voided?)

I believe still has to be appealed or pardoned/clemency. I imagine most appeals would be quickly granted if the prosecutors automatically give in.

When the "Cash for Kids" judge scandal came to light, they set up a judicial review board for all the impacted cases. Which was thousands. I'm not sure of the details.

[Devonai]

The article I read quoted some anti-gun dolt who said (paraphrasing) "We have to be sure these dealers are not selling to prohibited persons."

No crap, Sherlock.  Ever heard of a 4473?

[lee n. field]

No crap, Sherlock.  Ever heard of a 4473?

Probbly not.

[Scout26]

Chicago clearly failed to learn the lesson of Ezell, if they can't ban gun ranges in the city, whatever made them think they could ban gunstores??

People will be able to buy a gun and shoot it on a range in Chicago.   If the Cubs should win the World Series, then world shall end or at least we'll have another Ice Age, as the Hot Place will have completely frozen over.

 

[HankB]

People will be able to buy a gun and shoot it on a range in Chicago.   

Friend of mine bought a shotgun - IIRC, an Ithaca M37 - at JCPenney in Chicago. We shot several rounds of trap on more than one occasion at Lincoln Park Gun Club on the Chicago lakefront.

This was back in the '70s . . . JCPenny quit selling guns a long time ago, and the Lincoln Park Gun Club was closed in the '90s. http://en.wikipedia.org/wiki/Lincoln_Park_Gun_Club

And I remember, years before that, visiting "The Gun Room" at the Abercrombie & Fitch store downtown with my Dad. LOTS of guns, but I was too young at the time to fully appreciate what I was seeing . . . and something fishy was going on, as the salesman and his one customer seemed rather upset that someone else walked into the shop, interrupting whatever they were doing.