A federal appeals court today upheld a Chicago gun ban ordinance challenged by the National Rifle Association in a case that may affect the group’s challenge to Evanston’s gun restrictions.


A federal appeals court today upheld a Chicago gun ban ordinance challenged by the National Rifle Association in a case that may affect the group’s challenge to Evanston’s gun restrictions.

The three-judge panel ruled unanimously that the U.S. Supreme Court decision last year recognizing an individual’s right to bear arms under the U.S. Constitution’s Second Amendment does not apply to states and municipalities.

The Daily Herald reports that the NRA is expected to seek Supreme Court review of the decision, and a spokesman for the city of Chicago’s law department said the city is “prepared to aggressively defend” the ordinance.

The decision in the Chicago case also applies to a similar ordinance in Oak Park.

Evanston opted to amend its gun ordinance last year after the Supreme Court ruling to permit possession of handguns in the home for self protection.

But the NRA has sued Evanston anyway, arguing the revision illegally bans transportation of handguns and their possession for other purposes.

The federal district court judge hearing the Evanston case in April postponed action in the suit until after the appeal in the Chicago case was decided.

Last year’s supreme court decision involved a District of Columbia statute. The appeals court said that because the District is an entity of the federal government, the Second Amendment does apply to it, but said the Supreme Court has ruled in the past that such constitutional provisions do not apply to the states or to municipalities, which are subordinate bodies of a state.

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Bill Smith is the editor and publisher of Evanston Now.

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3 Comments

  1. the 9th does not agree with the 7th…..
    The 9th Circuit Court has ruled that the 2nd Amendment is incorporated via the 14th Amendment…..so now we have split rulings. The 9th and 7th are in disagreement. The SCOTUS will have to take up the issue once again. The Supreme Court will rule again in favor of the Constitution & Bill of Rights; the people will retain the right to keep/bear arms.

    Evanston should stop wasting money (your money, my money) trying to deny us our natural-born right to keep & bear arms. It’s a losing fight.

    1. I agree
      Effectively, the Seventh Circuit set up a perfect storm for the grant of a writ of certiorari to the Supreme Court, i.e., a conflict between the Circuits.

      The Seventh will be overturned and they know it but they still did the right thing…they followed the rule of law. Indeed, the Seventh Circuit ruling is a blessing for gun-rights advocates because it will speed up the process of making District of Columbia vs. Heller the law of the land.

      1. Sonia Sotomayor
        Unless Sonia Sotomayor gets appointed.
        She doesn’t like the Second Amendment.
        If she gets an opportunity to cripple Heller, she’ll take it.

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