Federal judge rules Chicago’s ban on gun sales unconstitutional

Guns are for self-defense against criminals
Guns are for self-defense against criminals

From Fox News.

Excerpt:

A federal judge on Monday overturned Chicago’s ban on the sale and transfer of firearms, ruling that the city’s ordinances aimed at reducing gun violence are unconstitutional.

U.S. District Judge Edmond E. Chang said in his ruling that while the government has a duty to protect its citizens, it’s also obligated to protect constitutional rights, including the right to keep and bear arms for self-defense. However, Chang said he would temporarily stay the effects of his ruling, meaning the ordinances can stand while the city decides whether to appeal.

The decision is just the latest to attack what were some of the toughest gun-control laws in the nation. In 2010, the U.S. Supreme Court struck down Chicago’s long-standing gun ban. And last year, Illinois legislators were forced by a federal appeals court to adopt a law allowing residents to carry concealed weapons in Illinois, the only state that still banned the practice. The resulting state law largely stripped city and officials of surrounding Cook County of their authority to regulate guns, which especially irked officials in Chicago, where residents had to apply for concealed-carry permits through the police chief.

[…]Chang wrote that the nation’s third-largest city “goes too far in outright banning legal buyers and legal dealers from engaging in lawful acquisitions and lawful sales of firearms, and at the same time the evidence does not support that the complete ban sufficiently furthers the purposes that the ordinance tries to serve.”

Chicago last year had more homicides than any city in the nation. City officials have long acknowledged the ban on gun sales has been weakened due to the legal sale of guns in some surrounding suburbs and states.

Chicago has one of the highest crime rates in the United States, if not the highest of all. The only rival might be Washington, D.C., which is also extremely opposed to self-defense against criminals.

A quick refresher on why people own guns

People own guns so that they deter criminals and reduce the crime rate in their communities. The more guns there are in the hands of law-abiding citizens, the lower the crime rate goes, because criminals don’t like being shot at by their crime victims.

Whenever I get into discussions about gun control, I always mention two academic books by John R. Lott and Joyce Lee Malcolm.

Here is a paper by Dr. Malcolm that summarizes one of the key points of her book.

Excerpt:

Tracing the history of gun control in the United Kingdom since the late 19th century, this article details how the government has arrogated to itself a monopoly on the right to use force. The consequence has been a tremendous increase in violent crime, and harsh punishment for crime victims who dare to fight back. The article is based on the author’s most recent book, Guns and Violence: The English Experience (Harvard University Press, 2002). Joyce Malcom is professor of history at Bentley College, in Waltham, Massachusetts. She is also author of To Keep and Bear Arms: The Origins of an AngloAmerican Right (Harvard University Press, 1994).

Upon the passage of The Firearms Act (No. 2) in 1997, British Deputy Home Secretary Alun Michael boasted: “Britain now has some of the toughest gun laws in the world.” The Act was second handgun control measure passed that year, imposed a near-complete ban on private ownership of handguns, capping nearly eighty years of increasing firearms restrictions. Driven by an intense public campaign in the wake of the shooting of schoolchildren in Dunblane, Scotland, Parliament had been so zealous to outlaw all privately owned handguns that it rejected proposals to exempt Britain’s Olympic target-shooting team and handicapped target-shooters from the ban.

And the result of the 1997 gun ban:

The result of the ban has been costly. Thousands of weapons were confiscated at great financial cost to the public. Hundreds of thousands of police hours were devoted to the task. But in the six years since the 1997 handgun ban, crimes with the very weapons banned have more than doubled, and firearm crime has increased markedly. In 2002, for the fourth consecutive year, gun crime in England and Wales rose—by 35 percent for all firearms, and by a whopping 46 percent for the banned handguns. Nearly 10,000 firearms offences were committed.

[…]According to Scotland Yard, in the four years from 1991 to 1995 crimes against the person in England‟s inner cities increased by 91 percent. In the four years from 1997 to 2001 the rate of violent crime more than doubled. The UK murder rate for 2002 was the highest for a century.

I think that peer-reviewed studies – from Harvard University, no less – should be useful to those of us who believe in the right of self-defense for law-abiding people.

A more recent study – from 2014

A new study that was in the news just last week confirms these findings. Newsmax reported on it.

Excerpt:

A recent study showing a reverse correlation between concealed weapons and murder rates has renewed the contentious national debate about the effect of gun controls on violent crime.

Reason magazine reported last week on economist Mark Gius’ study of gun controls, published in the journal Applied Economics Letters showing states with restrictions on concealed weapons had higher gun-related murder rates than other states.

The study looked at the effects on murder rates of both state-level assault weapons bans and concealed weapons restrictions from 1980 to 2009.

[…]The findings come as A 2007 study has been also getting a new look from those who dispute gun control efforts aimed at stemming gun violence, Boston magazine reported last summer.

In research first published in Harvard’s Journal of Public Law and Policy, criminologists Don Kates and Gary Mauser looked at the correlation between gun laws and death rates.

“International evidence and comparisons have long been offered as proof of the mantra that more guns mean more deaths and that fewer guns, therefore, mean fewer deaths,” the pair wrote in their introduction. “Unfortunately, such discussions [have] all too often been afflicted by misconceptions and factual error and focus on comparisons that are unrepresentative.”

The pair found “correlations that nations with stringent gun controls tend to have much higher murder rates than nations that allow guns.”

It’s not a reasonable position to think that disarming law-abiding citizens will reduce crime rates. The evidence is against it.

One thought on “Federal judge rules Chicago’s ban on gun sales unconstitutional”

  1. “People own guns so that they deter criminals and reduce the crime rate in their communities.”

    I’d like to point out that the original Constitutional reason for the right to bear arms was not for defense against criminals, but defense against the government. The framers of the Bill of Rights were concerned that the government would attempt to control its people via military might (as they did in other countries) and wanted to insure that Americans could defend themselves against such tyranny. The Chicago law is evidence that they were right.

    Like

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