Explore The NRA Universe Of Websites

APPEARS IN News

Chicago's Firearm Transfer Ban Falls to Second Amendment Ruling

Friday, January 10, 2014

Things are looking up for gun owners in Illinois.  On Monday, as some 4,500 concealed carry applications flooded the state's online portal on its first full day of operation, Obama-appointed U.S. District Judge Edmond E. Chang of the Northern District of Illinois issued a significant opinion that invalidated Chicago's ban on firearm sales and transfers within the city. The suit was brought by the Illinois Association of Firearms Retailers and three individuals, with the backing of NRA. 

The Chicago transfer ban was part of a series of ordinances the city hastily enacted after its total ban on handgun possession was invalidated by the Seventh Circuit Court of Appeals' 2010 opinion in McDonald v. Chicago.  Chicago's crusade to be the nation's most oppressive jurisdiction for gun owners has yielded other important victories for the Second Amendment.  These included the Seventh Circuit's holding in 2011's Ezell v. Chicago that Chicago's ban on discharge (notwithstanding its requirement that residents obtain live-fire training as a condition of owning a gun in the city) was unconstitutional. Other aspects of the city's wide-ranging gun control regime have been whittled down in response to litigation and the broad preemption provisions of Illinois' recently-enacted Firearm Concealed Carry Act (the result of yet another successful Second Amendment case in the Seventh Circuit, 2011's Shepard v. Madigan).  The transfer ban remained, however, a symbol of the same political denial and impudence that have ironically helped move the Second Amendment needle in the right direction through litigation time and again.

The ordinance at issue flatly stated: "no firearm may be sold, acquired or otherwise transferred within the city, except through inheritance of the firearm."  Chicago attempted to justify the ordinance by, among other things, pointing out that residents could obtain firearms outside the city's borders.  The city also insisted that the ordinance increased the "transaction costs" of the firearms trade, making the acquisition of firearms by criminals more expensive, time-consuming, and dangerous (because they would have to travel through high-crime areas infested by rival gangs to buy guns). Chicago additionally claimed gun stores "are dangerous in and of themselves and cannot be safely regulated."

The court called Chicago's argument that it could ban firearm sales, as long as guns were available elsewhere, "profoundly mistaken."  "Second Amendment rights," Judge Chang wrote, "must be guaranteed within a specified geographic unit--be it city or state."

The court also determined that the restriction had to pass a high level of scrutiny (although not quite "strict scrutiny"), because the type of regulation at issue was unknown to the framers of the Second Amendment and because it broadly prohibited even law-abiding Chicagoans from exercising an essential component of the rights protected by the Second Amendment--the acquisition of firearms.  Regarding Chicago's purported justification of increasing transaction costs, the court noted that the evidence showed few criminals actually purchase firearms directly from legitimate dealers. Thus, "residents who seek to legally buy a gun bear more of the share of the added transaction costs in time, effort, and danger than gang members or would-be criminals …."  The city, the court wrote, "cannot justify its ban on legitimate gun sales and transfers with overinclusive means that impact more law-abiding citizens than criminals."  

Examining another Chicago claim that the ban helped maintain the city's "low household gun-ownership rate," the court opined: "It is … doubtful that minimizing household gun ownership is, after Heller and McDonald, even a valid basis for gun regulation: possession of a gun for self-defense in the home is the core right protected by the Second Amendment, so trying to minimize the exercise of that right cannot be a valid basis for the sales-and-transfer ban."

Demonstrating the importance of proper scrutiny, the case was distinguishable from other recent opinions applying only "intermediate scrutiny" (for example, the recent opinion largely upholding New York's SAFE Act) by its insistence that the city do more than just produce "expert" opinions claiming the restrictions could inhibit crime. Rather, the court refused to ignore the effects the restrictions also had on law-abiding residents and legitimate activity.  According to Judge Chang: "If the City is concerned about reducing criminal access to firearms, either through legitimate retail transactions or via thefts from gun stores, it may enact more appropriately tailored measures."

Because Chicago does not otherwise regulate firearm sales, the court, on its own initiative, stayed the effect of its judgment so the city could decide whether to appeal the case or pursue legislative remedies through more narrowly-tailored regulation. The city was given until January 13 to request an additional stay.

Besides paving the way for lawful firearms commerce in Chicago, Judge Chang's decision also shows the possibilities of a court taking the Second Amendment seriously.  We will closely follow this case and continue to keep you informed of significant developments.

TRENDING NOW
Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

News  

Monday, August 17, 2026

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

For decades, federal law and United States Postal Service regulations turned one of the most ordinary stops in American life, your local post office, into a federal “gun free zone.”  That changed on August 12 with ...

ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

NRA Files Lawsuit Challenging New York’s Glock Ban

Friday, August 14, 2026

NRA Files Lawsuit Challenging New York’s Glock Ban

The National Rifle Association, Second Amendment Foundation, Firearms Policy Coalition, the Firing Pin, LLC, and NRA members Lucas Nelson and Daniel Geary filed a lawsuit today challenging New York’s ban on Glock and “Glock-style” handguns.

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

Wednesday, August 12, 2026

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

The National Rifle Association has joined the legal fight against SB25-003, Colorado’s permit-to-purchase scheme for certain semiautomatic firearms.

Meet the New Far Left; Same as the Establishment Left on Guns

News  

Monday, August 17, 2026

Meet the New Far Left; Same as the Establishment Left on Guns

Primary election season is winding down, and the final slates of candidates in most states have emerged ahead of the 2026 fall elections. Second Amendment issues may or may not have been front in center ...

California: Anti-Second Amendment Bills Advance from Appropriations Committees

Friday, August 14, 2026

California: Anti-Second Amendment Bills Advance from Appropriations Committees

Yesterday, August 13th, both the Assembly and Senate Appropriations Committees advanced several anti-Second Amendment measures.

In Memoriam: Second Amendment Champion Allan Cors, 1936-2026

News  

Monday, August 17, 2026

In Memoriam: Second Amendment Champion Allan Cors, 1936-2026

The Second Amendment lost one of its most ardent, longest-serving defenders on August 9 when past NRA President Allan D. Cors died.  He was a lifelong shooter, a dedicated collector, an avid hunter, and, perhaps above ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.