Chgo gun ban....

Good morning –

I know the 2nd Amendment has been talked about in the ‘Dope’, but I have a question regarding Chicago’s ordinance that ban’s registration of handguns. As I understand it, it is not legal to possess a handgun in Chicago, but that doesn’t mean you can’t buy one – a resident can buy one and store it in a suburban gun club, for instance.

While the IL constitution states that the right to possess is “subject to Police power”, the report from the IL constitutional convention clearly states that the intent was NOT to ban ownership.

My question is how come this current ban on possession has not been challenged ? How can Chicago “get away” with it ? Is it because of the ability to buy one and store it elsewhere ?

Can someone enlighten me, please ?

Welcome to the SDMB, klas!!!

Can you provide a bit more background info on Chicago’s ordinance? I doubt if it “bans registration of handguns.” That would be diametrically opposed to the thrust of most gun control laws.

In general, gun control advocates see constitutional provisions as mere obstacles in their imagined journey to Paradise. In liberal Democratic enclaves like Chicago, the customary tactic is to just go ahead and enact the ordinance, with little or no regard for its constitutionality, and enforce it. Let the lawyers and judges sort it out – someday.

I think what he means is it bans the registrations of new handguns not already in the registry. That’s kind of like the ban on new machine guns in '86. All privately owned machine guns must be registered but the law makes it impossible to add new ones to the national registry with the exception of a few war trophy amnesties.

Yes - that is the current Chgo law. The law was passed VERY early in the 80’s - so over 20 yrs, now, other than those few that registered them over 20 yrs ago, Chicagoan’s have not been able to possess handguns in the City.

They do not allow registration of handguns, and you cannot own a handgun without it being registered - in effect, a ban.

The are SEVERAL Illinois communities that ban possession of firearms.

A bit more clarification on the Chicago ordinance. It is unlawful to possess an unregistered handgun within the city limits. Handguns brought into the city must be registered. Registrations are good for one year.

The problem here is that after 1982 new, or newly purchased handguns could no longer be registered. A person had to own the handgun in question prior to 1983.

Those would be Morton Grove, Evanston, and Oak Park; all suburbs of Chicago.

No real answers here, but interesting reading.
http://reason.com/9408/col.ford.shtml

As does Deerfield, Morton Grove, and Wilmette and Highland Park.
http://www.firearmslawcenter.org/content/illocalord.asp

Oops - meant to delete the Morton Grove listing again in my post, but the system isn’t allowing me to…

In Kalodimos v. Morton Grove, 470 N.E.2d 266, the Supreme Court of Illinois upheld the Morton Grove ban on handguns. They found that it did not violate the Illinois Constitution because it didn’t ban ALL firearms. Relying partly on that case, in City of Chicago v. Taylor, 774 N.E.2d 22 (2002) found that the City’s regulations did not violate the Illinois Constitution for the same reason. They said: " However, the ordinance does not ban all firearms. Section 8-20-040 of the Chicago Municipal Code requires that all firearms be registered, but it allows an individual to legally possess a registerable firearm once that firearm has been properly registered. The ordinance’s registration requirement does not prevent a person from bearing arms."

They also went on to hold that the right to bear arms, under the Illinois Constitution, was not a fundamental right. Thus, it was O.K. because the ordinance had a rational basis, that being the City’s interest in reducing crime and firearm related deaths and injuries.

In a nutshell, that’s how they are able to do it.

I honestly, honestlythought that this was a thread about some Asian dish with which I was not yet familiar.

mmmm … Chgo gun ban …

I honestly, honestly thought that this was a thread about some Asian dish with which I was not yet familiar.

mmmm … Chgo gun ban …

Thanks !