Chicago Moves Quickly to Replace Previous Ban Ordinance

I am so grateful that I live in Idaho. We can walk down the street with a gun on our side if we want. It is amazing that the American people will put up with this kind of betrayal of their rights.

Thank God I live in Louisiana. Our Governor stated a few years ago that citizens SHOULD be armed. During Katrina some low-lifes tried to take advantage of store owners, but the store owners were legally armed - result was virtually no looting.

In my State, during hunting season you can walk into a convenience store with a sidearm strapped on.

No one even notices.

There are not a lot of burglaries in my area, I feel this is because virtually everyone owns a firearm; criminals won't take the risk.

More details on Daley's new law

Still not the exact wording, but further details:

http://mayor.cityofchicago.org/mayor/en/press_room/press_releases/2010/july_2010/0701_supreme_ct_gun.html

KEY PROVISIONS OF THE “RESPONSIBLE GUN OWNERSHIP” ORDINANCE:

Provisions Restricting the Sale and Possession of Firearms

• Prohibits deadly weapons dealers and other persons from selling or otherwise transferring firearms, except through inheritance.
• Generally prohibits the possession of a handgun by any person, except in the person’s home. (Existing law states that the registration and possession of handguns not registered prior to 1982 generally are prohibited).
• Provides exceptions for peace officers, corrections personnel, military personnel, certain security personnel and an exception for the lawful transportation of a handgun.
• Generally prohibits a person from possessing a long gun, except when in the person’s home, or fixed place of business.
• Provides for the same exceptions as above for the possession of handguns, with an additional exception for hunters where hunting is lawful.
• The possession of assault weapons and other firearms that are unregisterable is prohibited. (See below.)
• Each person who keeps or possesses a firearm in his home must keep no more than one firearm in his home that is assembled and operable. All other firearms possessed in the home must be broken down in a nonfunctioning state or shall have trigger lock or other mechanism making the firearm temporarily inoperable.
• No person may keep or possess any firearm or ammunition in his home if the person knows or has reason to believe that a minor under 18 years old is likely to gain access to the firearm or ammunition, unless: (i) the person is physically present in the home and the firearm is either being held by the person or is physically secured on the person’s body; (ii) the firearm is secured by a trigger lock or similar mechanism; or (iii) the firearm and ammunition are placed in a securely locked box or container. However, no person may be punished under this provision if the minor uses the firearm for self-defense, or gains access to the firearm through unlawful entry.
• The possession or transfer of any laser sight accessory, or a firearm silencer or muffler is prohibited.
• The registered owner of a vehicle that contains a firearm registered to a person who is not the driver or occupant of the vehicle, an unregistered firearm, a firearm that is not being lawfully transported, an unregisterable firearm, a laser sight accessory, or a firearm silencer or muffler, shall be subject to an administrative penalty of $1,000 plus any towing and storage fees.
• The possession of ammunition by any person is prohibited unless the person has a valid owner’s permit (CFP–see below) and registration certificate for a firearm of the same caliber as the ammunition possessed.

Provisions for Permits for Firearms Owners and the Registration of Firearms
Permit to carry or possess a firearm (CFP)


Qualifications for CFP:

• Must be 21 years of age, or 18-20 with parent's permission and no misdemeanor conviction;
• Must possess a valid Illinois FOID card;
• Must not have been convicted of (i) a violent crime,(ii) two or more offenses for driving under the influence of alcohol or other drugs; or (iii) an unlawful use of a weapon that is a firearm.
• Must have vision sufficient for a drivers’ license;
• Must not be otherwise ineligible to possess a firearm under any law
• Must not have violated Municipal Code provisions prohibiting possession of a laser sight accessory, firearm silencer or muffler, or unlawful sales of firearms;
• A CFP card shall expire 3 years after the date of issuance; the fee shall be $100.00 (fee waived for retired CPD officers).
• Applicant for a CFP must have completed a firearm safety and training course with at least one hour of range training and four hours of classroom instruction, and must submit to fingerprinting.
• Superintendent must process applications within 45 days (120 days for applications submitted within 180 days after passage of the ordinance), unless good cause is shown.

Firearm registration certificate

• A registration certificate is required to carry or possess each firearm
• The certificate expires at the time of the CFP, but an annual registration report is required. Application fee is $15.00 for each firearm registered.
• Each applicant shall be issued only one registration certificate per month for a handgun for the home in which the applicant resides.
• Unregisterable firearms:
• A sawed-off shotgun, 50 caliber rifle, machine gun, or short-barreled rifle;
• Handguns defined as “unsafe” i.e. does not meet safety standards or otherwise inappropriate for lawful use;
• Firearms that become unregisterable as to a person for violations of the Municipal Code;
• Firearms defined as assault weapons, with certain exceptions.

Additional provisions

• Lost or stolen firearms must be reported immediately to the superintendent
• Procedures are established for application denials, and revocations of CFP and registration certificates.
• Penalties include fines of $1,000.00-$5,000.00, incarceration for not less than 20 days or more than 90 days, or both. Any subsequent convictions are punishable by a fine of $5,000.00- $10,000.00, and by incarceration for not less than 30 days, nor more than six months.
• Establishes procedures for hearing for denials and revocations of a CFP and registration certificate.
• Superintendent will develop a roster of safe handguns and assault weapons that will be posted on the dept.'s web site. Only handguns that are listed on the roster are permissible. Assault weapons listed on the list of assault weapons are banned.
• Authorizes the seizure, forfeiture and destruction of weapons, firearms, laser sight accessories, and firearm silencers and mufflers kept in violation of the chapter.
• Rules and regulations pertaining to the chapter will be posted on the police department's web site.
• Prohibits shooting galleries and target ranges (other than for law enforcement) in the city.
• Establishes a range of penalties for violations of the chapter.
• Amends section 8-24-010 to permit the discharge of a firearm in the city only in the lawful self-defense or self defense of another.

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I think that is the first time I have ever heard of laser sights being banned.

How do you practice with ypur handgun if only allowed to keep it at home?

If they want to see whose is bigger, we are happy to oblige. Let them fight. Let them use up all of their resources and ruin their empire.

If you have a regular reregistration period and you miss it, does the gun become forever contraband?

No shooting ranges in Chicago. No gun stores allowed in City Limits. Not a one.

How can you meet his new rules with no where to qualify?

You're overlooking the obvious guys. How can you take classroom and range lessons with no ranges in the whole city? No way he will accept the subruban ranges as "good enough". Not when there's money to be made off this.

First, he has to decide which alderman's brother will open the official Chicago qualification range and run the training program and the requisite charges to cover graft and bribery.

That's going to take a year or two all by itself.

Everyone of these new rules is part of the long term stall while he hopes for a shift in SCOTUS to put more "Wise Latina" women and "softball players" on the court for the next case. Cripes! Both dissents in McDonald were just a bare faced attempt to oveturn Heller.

No different than the attempts by segregationists to resist Brown versus Board of Education. Did anyone expect to to admit he was wrong or roll over and play dead?

You guys put too much faith in the courts. What happens if one of the five who voted for Heller decides to retire and is replaced by Obama?

The court, even if it upholds the precedent set by Heller, may not see these measures as ridiculous as we do. In fact they are likely to sympathize with Chicago's position. Remember, four of the justices couldn't even recognize we have a right to arms.

The NRA and other groups need to maintain a strong presence in the inner cities so long term, attitudes toward gun ownership there begins to change. This needs to be a long term battle to change the hearts and minds of many hostile voters.

Mayor Daley is the best friend gun rights supporters ever had. He is a Stupid megalomaniac. These will go to trial, and they will lose. Watch out for Bloomberg, on the other hand, he is not stupid. Beware, they know they won't win everything, but by setting the bar so high, if they get halfway, we all lose.

This was inevitable. And could end up being beneficial because the ordinance will be challenged under Heller/McDonald. Right now we know that a handgun in the home is a fundamental right and applies to all the states. We don't know the level of scrutiny that will be applied to laws that affect that right (usually it's strict) -- but if the ordinance is challenged we will likely find out.

*The ordinance prohibits sawed-off shotguns, assault weapons and “unsafe” handguns.

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seriously? who determines what is on this list? this is the loophole that will allow them to ban whatever they want.

Well, he didn't waste any time putting his city right back into legal jeopardy, did he? What stinks is that he is gambling with the taxpayer's money. They fund the legal battle, they pay any claims. Why not gamble when you're gambling with someone else's money?

Mike

Please take the time to call and write in opposition of this new proposal, while it is likely to end up before the Supreme Court, again a ruling can be years away. In the mean time much of the ground gained by this ruling will be lost for the residence of Chicago. We can hit them where it hurts, don't go there for business or pleasure, donate campaign money to his opposition as Daley is up for re-election this winter.
http://www.cityofchicago.org/city/en/general/contact.html

Conflicting restrictions from two articles.

From OP.

*The ordinance bars anyone from possessing a handgun outside a home, which excludes garages, outdoor areas, hotel rooms and group-living quarters.

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From http://news.yahoo.com/s/ap/20100701/ap_on_re_us/us_chicago_gun_ban

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.

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How is it even legal to ban laser sites? It's not on any ban lists anywhere in the nation; it's a scope product...hell it's a product. Daley is out of his mind.

It seems to me that quickest solution would be to vote Daley out.

I'm amazed that he's even still employed but the fact that he is leaves me to presume that the majority of the voting public likes him/what he's doing.

The Laser ban went into effect in 1996 after a drug dealer used a Ruger 9mm with cheap
Laser mounted onto the triggerguard. He fired through the windshield of an unmarked squad car, killing a plainclothes Tactical Officer. The traffic stop was made on the basis of a broken out trunk lock. He also wounded the slain Officers partner, and was arrested after a manhunt. He is serving life in prison.

When the 7th Circuit Court rehears McDonald, can they also make a ruling (or go beyond the original grievances filed in the case), regarding the "reasonableness" of the city's licensing scheme?

IOW... can they say no, you can't ban handguns, and no you can't place burdensome, time consuming, expensive hurdles in the way as an alternative?

I believe that the new laws will make the original case essentially moot and it will be dismissed without a formal ruling. I also believe that a new case will have to be brought to challenge this new law. And yes, once again that will take time. However before a new case could get to the USSC - I believe that Heller II and the Palmer cases in DC will have worked their way though appeals and if we win there - those will stand as precedent - binding if heard by USSC or non-binding but precedent none the less if not heard all the way to the USSC.

Coronach said:

Well, he didn't waste any time putting his city right back into legal jeopardy, did he?

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How are they in legal jeopardy? It more or less mirrors Washington DC's gun laws.

Also, do these politicians ever actually get in "trouble" for writing laws? If so that would be great.

Like Bloomberg in NYC, Daley is protecting the rights of citizens within the Chicago city limits.

Must be 21 years of age, or 18-20 with parent's permission and no misdemeanor conviction

Justice Alito stated in McDonald that the right to keep and bear arms is fundamental. Laws which prohibit a person 18 years of age or older from possessing a firearm or restrict them from possessing one without parental permission are going to be struck down. If you can sign an enlistment contract and enter the armed forces, vote in federal and state elections and suffer the death penalty you can own a firearm. There is simply no basis, rational or otherwise, on which to support any age restriction past age 18.

As for the misdemeanor portion, the Supreme Court is going to end up striking that down as well. Not just in terms of the Chicago law but also in terms of Lautenberg. There is no legally supportable basis on which to terminate a fundamental, individual Constitutional right based upon a misdemeanor conviction whether that conviction is violent or not, alcohol/drug related or not. The SCOTUS would never uphold a law which stripped a citizen of the ability to vote upon conviction for petit larceny. They certainly won't uphold laws like this, not after McDonald.

Generally prohibits a person from possessing a long gun, except when in the person’s home, or fixed place of business.

This portion will be struck down. Under Chicago's law your porch, garage and property are areas considered off limits when it comes to gun possession. Obviously Daley has never heard of curtilage. I can bet you, however, that the courts have. Daley shouldn't have wasted the ink.

Each applicant shall be issued only one registration certificate per month for a handgun for the home in which the applicant resides.

The right to practice one's religion is fundamental. The right to keep and bear arms is fundamental. Try limiting how many Bibles a person can purchase each month and see how fast such an ordinance would be annihilated in the courts. Same thing here. This part will be voided.

Firearms defined as assault weapons, with certain exceptions.

"Assault Weapons", so-called, are no different functionally than any other semi-automatic firearm save for the cosmetics. In addition, they are arms in common use. This assault weapons ban, and others like it in New York, New Jersey and Massachussetts will be voided.

Prohibits shooting galleries and target ranges (other than for law enforcement) in the city.

Inherent in the right to keep and bear arms is the right to remain proficient in their use. Prohibiting all ranges, and all gun sales by the way, is clearly Unconstitutional in the same way that it would be Unconstitutional to say that you can keep a Bible in your home but not establish a church and preach the Gospel publicly.

On the one hand Daley amuses me because he continually embarrasses himself in public almost daily (pun intended). On the other hand he pisses me off because he knows, or should know, that about forty percent of this law is going to be voided in the next five years. Why should we have to spend money and time dealing with his meglomanical crap?

I can't wait to see the lawsuits.

What I really enjoy is the logic that the anti gun liberals use for all this. The more liberal USA Today had interesting additional information that the Chicago paper missed.

""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."

Excuse me but at the time this young man was killed were not guns completely banned in Chicago. So if guns are completely banned, how could have this young man been tragically killed.

Has Daley failed to ever hear the statement or bumper sticker. "if you ban guns only criminals will have guns".

Does any newspaper or news source mention after a story about 23,000 people being murdered last year in the Mexican drug wars that, legal gun ownership in Mexico* is extremely limited.

Do you think crime and lack of legal concealed carry go together. Duh

Any body remember when Florida was the poster child for gun crime. Then they got concealed carry and Florida disappeared from the headlines almost overnight.

When will these elected idiots wake up, too bad Chicago isn't a democracy so they could throw these people out in November.

* in home only, smaller than 9mm, long legal process to get a permit and no gun stores in Mexico to legally sell it to you anyway, BYW apparently Mexico is worse than NYC about visitors bringing guns or spent casings for that matter into Mexico, plus their jails are not as comfy as those in NYC