Although a Chicago criminal defense attorney rarely can claim his or her client's 2nd Amendment right to bear arms when defending against murder charges, a U.S. Supreme Court ruling dealt a blow to Chicago's handgun ban, as covered by the Chicago Tribune and elsewhere.
As Mayor Richard Daley promised before the 5-4 ruling overturning a local municipality's right to enforce certain gun laws, the city plans to revise its gun-restriction law to fit within the confines of the new ruling, the Tribune reported. The 1982 city ordinance was challenged by a city resident who wanted to purchase a handgun to protect his home.
Now it is considered unconstitutional, as Mayor Richard Daley explained at a news conference:
"I'm disappointed by the decision, but it's not surprising. We are still reviewing the entire decision, but it means Chicago's handgun ban is unenforceable."
More than 30,000 deaths are the result of gun violence in the United States each year, according to statistics cited in a Huffington Post editorial by gun control advocate Josh Sugarmann, executive director of the Violence Policy Center. But FBI data indicating that 65 percent of Illinois homicides (mostly via guns) were in Chicago, despite the ban, it raises questions about the law's effectiveness.
So what would a revised handgun restriction in Chicago look like?
The mayor didn't offer details at the news conference but City Hall reportedly has been working up a new ordinance ever since U.S. Supreme Court justices heard oral arguments in the case in March. He said his main concern is to protect police officers and emergency workers who respond to incidents of violence at a residence.
Justice Samuel A. Alito made it clear in the published opinion that the ruling "does not imperil every law regulating firearms."
Related Resources:
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Murder: First Degree (FindLaw)
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High Court Hears Challenge to Chicago Handgun Law (FindLaw's Blotter Blog)
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Illinois State Senate Approves Gun Control Legislation (FindLaw's Blotter Blog)
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Find a Chicago Criminal Attorney (FindLaw)
