Second Amendment win

Federal judge strikes down part of Chicago's gun law

By Liam Ford

Tribune reporter

A federal judge has thrown out part of Chicago's gun law, ruling that a section banning permits for people convicted of unlawful use of a weapon is vague and unconstitutional.

The ruling today came in a lawsuit filed by Shawn Gowder, who claimed his constitutional right to bear arms was violated when he was denied a firearm permit because of a misdemeanor conviction for possessing a gun on a public street. He filed the lawsuit after being denied a permit in 2010.

U.S. District Judge Samuel Der-Yeghiayan ruled that the city's ordinance doesn't adequately define “unlawful use of a weapon,” noting that it can mean different things in different jurisdictions.

“There is something incongruent about a nonviolent person, who is not a felon but who is convicted of a misdemeanor offense of simple possession of a firearm, being forever barred from exercising his constitutional right to defend himself in his own home in Chicago against felons or violent criminals,” Der-Yeghiayan said.

“The same constitution that protects people’s right to bear arms prohibits this type of indiscriminate and arbitrary governmental regulation," he continued. "It is the opinion of this court that any attempt to dilute or restrict a core constitutional right with justifications that do not have a basis in history and tradition is inherently suspect.”

Chicago’s gun law was passed just days after a 2010 ruling by theU.S. Supreme Court striking down the city’s 28-year ban on handguns.

City officials said they will look at the ruling and advise police on how to proceed with enforcement of the law, said Roderick Drew, a spokesman for the city’s Law Department.

“We are disappointed with the judge’s opinion," he said. "We are in the process of reviewing it now so we can determine next steps.”