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
Different Election, Same Billionaire, Same Gun Control Agenda

News  

Monday, October 26, 2026

Different Election, Same Billionaire, Same Gun Control Agenda

Another election, same former New York City mayor Michael Bloomberg working to shape the nation’s gun laws. For years, NRA has exposed Bloomberg’s relentless efforts to export New York style gun restrictions to the rest ...

NRA Launches New Texas Senate Ad as Part of Multi-Million Dollar Campaign to Retain Pro-Gun Majorities in Congress

News  

Wednesday, October 14, 2026

NRA Launches New Texas Senate Ad as Part of Multi-Million Dollar Campaign to Retain Pro-Gun Majorities in Congress

FAIRFAX, Va. —  Today, the NRA Victory Fund Inc. released a new 30-second ad highlighting Democrat U.S. Senate candidate James Talarico’s longstanding support for banning so-called “assault weapons” and standard-capacity magazines—the firearms and accessories owned by ...

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

News  

Tuesday, April 28, 2026

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

As your NRA-ILA has reported over the last several weeks, the Democrat-controlled Virginia General Assembly and Governor Abigail Spanberger (D) have, between them, approved a sweeping array of radical gun control bills aimed, as NRA’s John Commerford says, ...

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

News  

Monday, November 2, 2026

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

A new Essay authored by NRA-ILA Litigation Director Joseph Greenlee and University of Wyoming College of Law Professor George Mocsary has been published in the Yale Law Journal Forum.

Trump’s Gun Rights Policies Making America Safe Again

News  

Monday, November 2, 2026

Trump’s Gun Rights Policies Making America Safe Again

“Crime’s way down thanks to Trump — Dems will fight to send it back up,” warns an editorial in the N.Y. Post. “Law-and-order works. Immigration enforcement works. And — like it or not — Trump’s ...

The Hunting Vote: What’s at Stake in 2026 and Beyond

News  

Monday, November 2, 2026

The Hunting Vote: What’s at Stake in 2026 and Beyond

As votes are now being cast nationwide, one influential voting bloc is drawing renewed attention: America's hunters, sportsmen, and sportswomen.

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

District Court Declines to Enter Agreement to Invalidate Florida’s Waiting Period Law in NRA Case and Invites Amici Participation

Thursday, October 29, 2026

District Court Declines to Enter Agreement to Invalidate Florida’s Waiting Period Law in NRA Case and Invites Amici Participation

Yesterday, U.S. District Judge Steven D. Merryday denied the parties’ joint motion for entry of judgment in the National Rifle Association’s challenge to Florida’s firearm waiting period law. The case, Dunn v. Glass, remains pending ...

NRA Files Lawsuit Challenging Pennsylvania’s Carry Restrictions for Adults Under 21

Friday, October 30, 2026

NRA Files Lawsuit Challenging Pennsylvania’s Carry Restrictions for Adults Under 21

Today, the National Rifle Association, Firearms Policy Coalition, and an individual, Daniel Maines, filed a lawsuit challenging Pennsylvania’s carry restrictions for adults under 21.

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

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.