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SCOTUS, Don't Mess with Chicago or the Daleys: The City of Chicago Approves Tough New Handgun Restrictions in Wake of Supreme Court Right to Bear Arms Ruling

By Andis Kaulins

Chicago Mayor Daley strikes again. The Daleys are legendary in the city, for good reason, as the press release below suggests:

"July 02, 2010
 

Mayor Daley Says City's New Ordinance Addresses Supreme Court Ruling, Protects 2nd Amendment Rights And Maintains Commitment To Fight Gun Violence

Mayor's Press Office    312.744.3334

Chicago?s new gun ordinance, approved today by a 45-0 vote of the City Council, addresses this week?s U.S. Supreme Court ruling, protects the rights of the people under the U.S. Constitution and maintains his longstanding commitment to fight against the gangbangers and drug dealers who bring violence to the City?s neighborhoods, Mayor Richard M. Daley said.
 
The Court?s June 28 ruling effectively overturned Chicago?s previous handgun ban.
 
?Although the ruling wasn?t what we had hoped for, it was what we expected. That's why for the last several months we've been preparing the reasonable and responsible ordinance to regulate handguns in the home that the Council approved today,? Daley said in a City Hall news conference.
 
?Either we enact new and reasonable handgun laws in Chicago to protect our residents ? as the Council has done -- or we do nothing and risk greater gun violence our streets and in our homes,? he said.
 
The Mayor said the new ordinance is ?about many things?:
 
    * Making sure the City is using every tool to keep guns out of the hands of gang bangers and drug dealers and their thugs who terrorize some neighborhoods.

    * Making sure that adults who legitimately want a gun in their homes for self-defense meet a standard of responsibility. ?I understand that people need to feel safe in their homes,? he said.

    * Keeping guns out of the hands of gangbangers and drug dealers.

Daley said that for many years, starting from the time he served as State's Attorney, he has seen up close and firsthand the harm that guns cause.
 
?When the wrong people have access to guns -- whoever they are -- whether they're gang bangers and drug dealers or abusive parents or sons or daughters, needless violence is more likely to happen, whether it's on our streets or in our homes,? the Mayor said.
 
Prior to the vote, in urging the Council to approve the ordinance, Daley said:
 
?Let's stand with the victims of gun violence -- their friends and family -- and say to the world that in Chicago, we understand the grief, pain and harm that guns can cause.
 
?Let's stand with the victims of domestic violence, who have been harmed by guns and other violence in their own homes. Let's stand with the children of Chicago, who are too often the victims of gun violence.
 
?Let's stand with the first responders, whose lives could be at greater risk if we don't act. And, let's stand with the people of Chicago -- and most Americans -- who support strong, but reasonable, gun laws to protect them.?
 
Daley said that even though the new ordinance has been approved, he will continue the fight against guns and gun violence in every way possible.
 
?In Chicago, we don't give up or give in when it comes to protecting our residents. In my heart, I know that fighting gun violence is the right thing to do,? he said."

One of the problems faced by the United States Supreme Court is that its decisions can not have the intended legal impact if there is not enough support for them in the community at large.

Chicago has now passed an ordinance prohibiting the sale of handguns in the city, even though the Supreme Court has ruled that it is legal to own a handgun in the city.

A Supreme Court ruling which is not enforced according to its spirit ... is unenforceable.

See therefore Law.com - Chicago Approves Tough New Handgun Restrictions in Wake of Supreme Court Ruling.

In Chicago, as the new ordinance provides, you can now own handguns, but watch out, it is going to be a real hassle to own one, and don't be caught with one outdoors. The penalties for violation of the ordinance are severe and apply separately for each day of violation!

You of course do not want handguns in the possession of idiots and violent criminals, and there are many of those, not just in Chicago, but maybe "free for all" gun ownership would cut down on the types of crime referred to since if potential victims could/should be armed, violent criminals and gangs would take notice.

It is a tough question on balance.

The bottom line is ... If you yourself lived in Chicago, would you want yourself and your family to be armed against the criminals and violent gangs? And would you wear your Colt on your belt on the street?

The right to BEAR arms is more than just the right to OWN guns. I am afraid that any rule that requires that guns can not be taken outdoors by their owners is unconstitutional.

Full post as published by LawPundit on July 09, 2010 (boomark / email).