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July 1, 2010

Chicago's gun control response to the McDonald ruling

This AP story, which is headlined "Mayor Daley lays out strict gun rules for Chicago," provides the new sure-to-be-challenged gun regulations that Chicago has in the works now that the Supreme Court has made clear that it has to comply with the Second Amendment:

With the city's gun ban certain to be overturned, Mayor Richard Daley on Thursday introduced what city officials say is the strictest handgun ordinance in the United States.

The measure, which draws from ordinances around the country, would ban gun shops in Chicago and prohibit gun owners from stepping outside their homes, even onto their porches or garages, with a handgun....

"As long as I'm mayor, we will never give up or give in to gun violence that continues to threaten every part of our nation, including Chicago," said Daley, who was flanked by activists, city officials and the parents of a teenager whose son was shot and killed on a city bus while shielding a friend.

The ordinance, which Daley urged the City Council to pass, also would:

  • Limit the number of handguns residents can register to one per month and prohibit residents from having more than one handgun in operating order at any given time.
  • Require residents in homes with children to keep them in lock boxes or equipped with trigger locks.
  • Require prospective gun owners to take a four-hour class and one-hour training at a gun range. They would have to leave the city for training because Chicago prohibits new gun ranges and limits the use of existing ranges to police officers. Those restrictions were similar to those in an ordinance passed in Washington, D.C., after the high court struck down its ban two years ago.
  • Prohibit people from owning a gun if they were convicted of a violent crime, domestic violence or two or more convictions for driving under the influence of alcohol or drugs. Residents convicted of a gun offense would have to register with the police department.
  • Calls for the police department to maintain a registry of every handgun owner in the city, with the names and addresses to be made available to police officers, firefighters and other emergency responders.

Those who already have handguns in the city — which has been illegal since the city's ban was approved 28 years ago — would have 90 days to register those weapons, according to the proposed ordinance.

Residents convicted of violating the city's ordinance can face a fine up to $5,000 and be locked up for as long as 90 days for a first offense and a fine of up to $10,000 and as long as six months behind bars for subsequent convictions.

Perhaps readers can share their views as to which of these proposed regulations seem most likely to withstand or wither under a Second Amendment attack based on Heller and McDonald.

July 1, 2010 at 04:19 PM | Permalink


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I suppose it would be too much to ask Mayor Daley to say this instead: "The Supreme Court has spoken, and while we disagree, Chicago will honor the Court's judgment in letter and in spirit."

Or maybe he watched the State of the Union address, and figures if one Chicago politician can 'dis the Court, he can too.

The somewhat likelier explanation, though, is that he's mad that he's the only Democratic pol in town who wasn't offered the chance to bid for Mr. Obama's Senate seat.

Posted by: Bill Otis | Jul 1, 2010 5:20:54 PM

Given the Heller/McDonald dicta, it seems that the only part that would be problematic is the prohibition of being on one's porch or in one's garage. If the right to defend one's home is the historical font of the individual right, then surely a porch would count as part of the house. I guess we would have to see whether Americans at the time of the Bill of Rights, or at the time of the 14th Amendment depending upon which flavor of originalist you are, viewed their horse carriages or storage sheds as part of their home to determine whether the garage prohibition offends any deep rooted historical values.

Posted by: A. Nony. Mous | Jul 1, 2010 5:30:29 PM

First they came for the communists, and I did not speak out - because I was not a communist;
Then they came for the socialists, and I did not speak out - because I was not a socialist;
Then they came for the trade unionists, and I did not speak out - because I was not a trade unionist;
Then they came for the Jews, and I did not speak out - because I was not a Jew;
Then they came for me - and there was no one left to speak out for me.

by Martin Niemoller.

Posted by: George | Jul 1, 2010 6:14:49 PM

Another opportunity to prosecute and incarcerate.

Posted by: beth | Jul 2, 2010 4:31:56 PM

Mayor Daley's proposal is similar to the latest set of post Heller gun regs being challenged in the DC area. Those regs are grinding their way through the courts and hopefully, will provide clarifification on what types of restrictions are lawful.

I am hopeful that Mayor Daley is sincere with this part:

"Prohibit people from owning a gun if they were convicted of a violent crime, domestic violence or two or more convictions for driving under the influence of alcohol or drugs. Residents convicted of a gun offense would have to register with the police department"

Since the aforementioned are the only persons who are actually armed in the Chicago area, the Mayor will actually make great strides in reducing gun violence if he focuses resources there. I am doubtful that will be the case. It's far cheaper to harass the innocent and the law abiding.

Posted by: Jardinero1 | Jul 2, 2010 5:59:29 PM

how true. i'd like to know why an arrest warrant for hiim hasn't been issued. last time i looked contempt of court was grounds for arrest.

Posted by: rodsmith | Jul 2, 2010 8:41:14 PM

Mayor Daley is am absolute idiot when he thinks his logic on gun bans is good for his city. The number of deaths by homeowners with a firearm are down nationwide as more criminals are facing these armed residents and running for their lives. I do believe that more training is needed for these firearm owners, as the classes are a joke at the gun shows. At least here in Florida. I am a certified Firearms instructor for the NRA and know that Knowledge, Skills and Attitude is necessary to be able to handle a firearm in a situation involving a threat, and that is not an easy task for most people without at least 8-20 hours of training. This does not include the hundreds of hours of range training and simulated training,mostly at home. This is needed for the subconscious to act accordingly to these situations. I also teach courses and get people to sign up at the gun shows But! my training is much more comprehensive than two hours given at the shows. And! while we are on the topic I know that you cannot buy a gun here without a CCWF permit or a 3-day wait. If you have to wait three days the seller will arrange for the gun to be picked up at a local Gun Shop, for a fee.

Posted by: jim's Tactical | Jul 9, 2010 11:12:36 PM

These new gun control policies do seem kind of extreme, but I do think something drastic should be done to curb gun violence.

Posted by: Chicago Auto Shipping | Sep 22, 2010 1:04:45 PM

I think it is gread. That is the main motivating factor in what all people do. Criminals just are willing to go farther to get their money than the rest.

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