Despite a challenge from the NRA the handgun ban in Chicago was upheld by a U.S. Court of Appeals panel last week according to the Daily Herald. This means it is still against the law to possess a handgun within the city limits. While a similar ban was struck down in Washington D.C. earlier this year, there will be no changes to the city ordinance in Chicago.
The 2nd Amendment of the U.S. Constitution guarantees the right for citizens to bear arms. This Amendment is constantly being disputed and defended by different groups across the country. The National Rifle Association (NRA) is one of the groups that works tirelessly for gun rights.
The NRA challenged the legality of the municipal ban following a similar ban being struck down in the nation’s capital. The difference: Chicago is subordinate to the State of Illinois while D.C. is directly beneath the laws of the nation.
In 1982 a similar ruling in Illinois upheld a ban in Morton Grove. This ruling served as precedence for the latest ruling and precedence, or following legal rulings similarly, is major component in the U.S. legal system. Accordingly, the Second Amendment doesn’t have to apply to states if they, or their municipalities make laws to the contrary.
In Chicago it is legal for individuals to own rifles or shotguns. However, weapons including automatic or semi automatic handguns are banned, as are concealed weapons.
Although these restrictions exist within the city limits, other communities in the state also have tightly regulated gun laws. Everything from the type of firearm you are caught with to where you are in possession of it at can affect if you will be charged criminally for possession of a firearm.
For instance, being charged with possession of a firearm at a bar is a Class 4 felony. It is also a Class 4 felony to be caught in possession of a firearm when you are wearing a hood or mask. Things like sawed off shotguns and silencers can get you a Class 3 felony charge and a much longer potential sentence.
If you are facing weapons charges and need assistance with your case, call me for a consultation today.