Evanston Votes To Amend Gun Ban—Tries To Avoid NRA Lawsuit

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http://media.www.dailynorthwestern.....Aldermen.Vote.To.Amend.Gun.Ban-3391932.shtml

To avoid NRA suit, aldermen vote to amend gun ban

Officials hope complying to U.S. Supreme Court ruling will allow aspects of Evanston's handgun ban to remain

Sara Suleiman

Evanston aldermen unanimously voted to amend the city's 27-year-old handgun ban last week at a special closed-door meeting in light of a recent U.S. Supreme Court decision that struck down a similar ban in the District of Columbia.

The Supreme Court, in a 5-4 decision, ruled that laws requiring handguns in homes to be disassembled and outfitted with trigger locks are incompatible with the gun rights accorded under the U.S. Constitution's Second Amendment. On June 26th, the day after the ruling's release, the National Rifle Association sued numerous cities that ban the private possession of operative handguns, including Chicago, Morton Grove, Oak Park and Evanston. After weeks of consideration and consultation with the police, Evanston city council members authorized a resolution that would rewrite the ordinance to comply with the Supreme Court ruling.

"No one was particularly happy or anxious to do anything that would change the ordinance," Ald. Edmund Moran (6th) said. "But we're being confronted with this lawsuit and rather than engaging in a protracted fight and spending a lot of money, it would be a better course of action to revise our ordinance in a way that it would make it more legally sustainable."

The final version of the modified ordinance has not yet been released, but Moran said city council members discussed the changes at the closed-door meeting. He explained that although legislation regarding the private possession of handguns will be amended, certain statements in the "extremely narrow" ruling suggest that other aspects of anti-gun ordinances remain constitutional.

"We are conforming to the court's ruling," he said. "But we are also going to closely examine those statements in particular and try to fashion our amendments accordingly."

Evanston Police Department Chief Richard Eddington said law enforcement officials are waiting to see how drastically the weapons ordinance will change. Under the existing ordinance, police issued 16 handgun ordinance violations and reported 107 incidents involving handguns, according to the Evanston Police Department's 2006 Annual Report. Now with the recent handgun ban amendments, there are concerns over whether a possible increase in the number of weapons might jeopardize community safety.

"My responsibility is to make sure Evanston officers uphold the law," Eddington said. "But I think one of the issues is that the Supreme Court decision is narrowly focused on firearms in the home for self-defense, and I don't know if that narrow scope will have a huge impact on us."

Mayor Lorraine Morton, the defendant in the NRA lawsuit, attended the meeting and is concerned that the recent court ruling disregards important issues about the safety of the community.

"I just can't see how anyone could be helped by the gun ruling that the U.S. Supreme Court put out," Mayor Lorraine Morton said. "But you can't fight the Supreme Court."

The City of Evanston will seek to have the NRA lawsuit dismissed, based on its plan to bring the law into compliance with the court ruling.

The NRA said that it would consider dropping the lawsuit only after a review of the new ordinance, according to a spokeswoman. Evanston, along with San Francisco, Chicago, and three Chicago suburbs, were targeted for lawsuits because they are "areas that had the most restrictive bans," said Rachel Parsons, a spokeswoman for the NRA.

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The City of Evanston (where I happen to live) is not so much amending their handgun ordinance as they are worming their way into the minimum of legality. If handguns finally become legal to own in this town, it will no doubt have a lot of restrictions piled on top (disassembled, triggerlocked, inoperable, registered with local authorities, no possession within 5 miles of a school, etc.).

Aside from being a "handgun-free" city, Evanston is also a "nuclear-free zone". We have NO nuclear bombs or missiles here! I am SO relieved by that bit of symbolic nonsense. But that is what this town is about, so I'm not optimistic about the newly amended handgun ordinance.

BikerNut
 
From the Article said:
He explained that although legislation regarding the private possession of handguns will be amended, certain statements in the "extremely narrow" ruling suggest that other aspects of anti-gun ordinances remain constitutional.

Bollocks. Untested would be more accurate.

Woody
 
Officials hope complying to U.S. Supreme Court ruling will allow aspects of Evanston's handgun ban to remain

That's a complete contradiction right there.

I didn't think they're going to be coming up with an ordinance that will convince the NRA to sign off on dropping the lawsuit. :(
 
Update

Just an update, FYI

http://www.cityofevanston.org/government/minutes/council/pdf/City-Council-Packet7-28-08.pdf

Page 157

It appears that the major amendment to be voted on is that they will allow unrestricted access to personal handguns in the home for self defense. I don't think one could expect anymore in a state with a CCW ban.

Of course, as usual, it appears they left out any possible legal way to get them into the home. They left out amending (A)11 by accident because it still references (A)15 which is now (A)14. Perhaps someone should e-mail them....
 
Of course, as usual, it appears they left out any possible legal way to get them into the home. They left out amending (A)11 by accident because it still references (A)15 which is now (A)14. Perhaps someone should e-mail them....
since they are legal at the gun store and legal at home, wouldn't federal law allow them to transport between the two places?
 
...city council members discussed the changes at the closed-door meeting...
I'm still unclear as to how city councils--theoretically accountable to the people whom they represent--can have closed-door meetings for the purpose of writing legislation.

It seems to me that this is a problem in need of a solution. Unfortunately, it would require a lot of people to put down the Cheetos and get off the couch.
 
TITLE 18 > PART I > CHAPTER 44 > § 926A
Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
While it is titled as interstate transportation of firearms, nothing in the actual text says that.
 
It may not be in the "actual text", but the text is applicable to the title. If the title was "Interstate and Intrastate Transportation of Firearms", what you suggest would be true.

Woody
 
It may not be in the "actual text", but the text is applicable to the title. If the title was "Interstate and Intrastate Transportation of Firearms", what you suggest would be true.
I don't believe the title is enforceable. In Illinois people have been charged with violations of the Wildlife Act when what they are doing has absolutely nothing to do with wildlife.
 
Not only that, but the Feds don't have jurisdiction over intrastate matters.* Their power comes from the interstate commerce clause.


*Wickard and Raich notwithstanding
 
So the way to get a gun into a home legally would be the same as in D.C. -- own a vacation home in another state (or even rent one for a few weeks, but owning creates a better paper trail), buy the gun while residing in the vacation venue (which is legal, per BATFE FAQ statements pertaining to multiple residences), then bring it home with you. Since it's legal where you began the trip and legal where you ended the trip, and the trip is interstate travel ... the FOPA would apply.
 
Not only that, but the Feds don't have jurisdiction over intrastate matters.* Their power comes from the interstate commerce clause.
I would tend to agree, but the SC has ruled several times in this area, and essentially they have said once congress says it is about interstate commerce, it is interstate commerce, whether it really is or not.
 
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