The National Rifle Association suit challenging Evanston’s gun control ordinance is on hold until a federal appeals court rules on similar cases involving Chicago and Oak Park.


The National Rifle Association suit challenging Evanston’s gun control ordinance is on hold until a federal appeals court rules on similar cases involving Chicago and Oak Park.

The appeals court is considering whether the right to bear arms guaranteed by the Second Amendment to the U.S. Constitution limits gun control efforts by states and municipalities, or just by the federal government.

The NRA filed suit nearly a year ago after the U.S. Supreme Court ruled that a District of Columbia gun control law violated the Second Amendment.

But the District is under direct federal control, and the high court said its ruling didn’t address whether the federal constitutional amendment applies to the states.

After the suit was filed, Evanston amended its ordinance to permit possessions of handguns in the home for self protection. But the NRA argues the revision impermissibly bans transportation of handguns and their possession for other purposes.

The federal district court judge hearing the Evanston case, Marvin E. Aspen, late last month issued a stay until the appeals in the other two cases are decided.

Original story

Bill Smith is the editor and publisher of Evanston Now.

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2 Comments

  1. transporting firearms
    I spoke with no less than five Evanston police officers about the *transportation of firearms* issue, and they all provided slightly different feedback as to how I should handle it. Essentially, they all told me that getting my guns to the range is “not entirely legal,” but suggested that I handle it like this:
    1) make sure the gun is not loaded
    2) make sure any magazines have no live rounds in them, and the empty
    magazines are not in the gun(s)
    3) make sure that all live ammunition is kept in a separate container
    from both the gun and magazines (where the gun itself is not)
    4) put it all in the trunk
    5) drive to the range to enjoy some “shooty goodness”

    Has anyone else questioned the local police about our silly local gun laws and how we should transport our shooting gear to the range? If so, what kind of answers did you get?

  2. Transportation of firearms- From the state:
    From the Illinois State Police Firearms FAQ @
    http://www.isp.state.il.us/foid/firearmsfaq.cfm
    —Quote—
    How can I legally transport a firearm on my person or in my vehicle?
    There is more than one way to legally transport a firearm. However, in order to be in compliance with all statutes, it is recommended all firearms be transported:

    1. Unloaded,
    2. Enclosed in a case and,
    3. By persons who have a valid FOID card.
    —–
    What constitutes a legal “case” for transporting a firearm?
    The Criminal Code refers to “a case, firearm carrying box, shipping box, or other container.” However, the Wildlife Code is more specific, defining case as “a container specifically designed for the purpose of housing a gun or bow and arrow device which completely encloses such gun or bow and arrow device by being zipped, snapped, buckled, tied, or otherwise fastened with no portion of the gun or bow and arrow device exposed.”
    —–
    How do I transport a firearm through an Illinois community with an ordinance that prohibits firearms or handguns?
    Illinois’ Unlawful Use of Weapons law does not preempt local ordinances from banning firearms. Persons carrying or transporting firearms through such communities could be subject to local firearm ordinances. It is recommended that you contact local authorities regarding their firearm ordinances.

    —End Quote—
    Comment: [I am NOT a lawyer, this is NOT legal advice]: Note that the third question is open to interpretation. As the former ban has been lifted, it would seem that state guidelines should suffice.

    The state also has a brochure on proper transportation methods. You can find it here: http://www.isp.state.il.us/docs/transgun0-000.pdf

    In my experience dealing with the Evanston PD, it’s almost impossible to get a straight answer about near anything from the rank and file. I have had luck going into the station and asking to see a supervisor. Be aware though that not every beat officer knows (or honestly enforces) the laws. Get whatever the PD supervisors tell you in writing and carry it with the firearms in case of problems.

    Then go to the range for some lead slinging 🙂

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