Federal judge rules Chicago ban on sale of handguns UNCONSTITUTIONAL

As Allahpundit points out, this federal judge is an Obama appointee and even he can’t get around the fact that banning gun sales are unconstitutional. That said, he does say that the city can still regulate the heck out of gun sales, they just can’t block them all together:

SUNTIMES – In a win for gun dealers, a federal judge has declared unconstitutional Chicago’s ban on the sale of handguns within the city limits.

U.S. District Court Judge Edmond E. Chang wrote in a 35-page opinion that “Chicago’s ordinance goes too far in outright banning legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms . . .”

Chang stayed his judgment until the city can file a motion to argue that the judgment should be delayed until the appeals process is completed.

City of Chicago attorneys argued that it needed to ban the sale of handguns within the city because it wanted to restrict criminals’ access to licensed dealers; restrict gun acquisition in the illegal market; and eliminate gun shops, which are dangerous in themselves and cannot be properly regulated.

The plaintiffs in the lawsuit — a combination of Chicago residents and an association of Illinois firearms retailers — argued that if they have the right to have a handgun within city limits — as courts have ruled — then they have a right to buy one within the city.

That argument carried the day with the judge.

The ruling, though, does not ban the city from imposing regulations on the sales of handguns within the city.

“Indeed, nothing in this opinion prevents the City from considering other regulations — short of the complete ban — on sales and transfers of firearms to minimize the access of criminals to firearms and to track the ownership of firearms,” Chang wrote.


Comment Policy: Please read our comment policy before making a comment. In short, please be respectful of others and do not engage in personal attacks. Otherwise we will revoke your comment privileges.