FIREARM REGULATION AFTER HELLER AND MCDONALD. Mara S. Georges Corporation Counsel City of Chicago

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1 FIREARM REGULATION AFTER HELLER AND MCDONALD Mara S. Georges Corporation Counsel City of Chicago

2 INTRODUCTION Reducing gun violence has been one of Mayor Daley s top priorities. The impact of gun violence on our communities demonstrates why we need common-sense gun legislation.

3 Pre-McDonald Regulations All firearms had to be registered with the Chicago Police Department; It was illegal to possess an unregistered firearm; Handguns could not be registered.

4 Pre-McDonald Legal Status of Chicago s Ordinance For 130 years prior to McDonald, the 2 nd Amendment was not incorporated, thus did not apply to cities and states. Constitutional challenges to Chicago s ban on the registration and possession of handguns consistently had not been successful for that reason.

5 Heller Lawsuit 2 nd Amendment challenge to Washington, D.C. s ordinance. Washington, D.C. s ordinance: Was nearly identical to Chicago s; Contained a handgun ban; Contained a registration requirement.

6 Heller Decision The 2nd Amendment confers a right to a handgun for self-defense in the home. Washington, D.C., a part of the federal government, could not ban handguns. Because Washington, D.C. is a part of the federal government, the Court did not address the incorporation issue.

7 Impact of Heller on Chicago Because the incorporation issue was not addressed, Chicago s ordinance remained in place. However, it was clear that it would be challenged.

8 McDonald Lawsuit Various organizations, including the Second Amendment Foundation, the Illinois State Rifle Association, the National Rifle Association and individual plaintiffs, including Otis McDonald, filed lawsuits in federal court. The federal district court and the Seventh Circuit Court of Appeals upheld the ordinance based on prior rulings by the U.S. Supreme Court spanning 130 years that the 2nd Amendment applies only to the federal government.

9 McDonald Lawsuit, continued The plaintiffs sought further review and the U.S. Supreme Court agreed to hear the case. The primary question was whether or not the Supreme Court would incorporate the 2 nd Amendment.

10 McDonald Decision In a landmark 5-4 decision, the U.S. Supreme Court found that the 2 nd Amendment was incorporated. The Court did not strike down the ordinance, but reversed and remanded to the 7th Circuit Court of Appeals for further proceedings.

11 Post-McDonald Chicago could no longer prohibit the legal ownership of handguns. It was still illegal to: Carry a concealed weapon; Possess a gun without obtaining an FOID card; Possess an unregistered gun in Chicago; Transport a gun in a vehicle in Chicago if the gun is not broken down into a non-functioning state.

12 Drafting a New Ordinance The City of Chicago was committed to passing common-sense regulations to ensure safe and responsible gun ownership. How could we allow the legal ownership of handguns and still protect the public?

13 Drafting a New Ordinance, continued We spoke to elected officials and experts. We researched gun regulations in other large cities. The City Council held three hearings at which experts and members of the public testified about gun violence.

14 Handguns and Public Safety A gun in the home increases the risk of unintentional firearm injury, suicide and homicide. In states with more guns, young people are at higher risk for accidental gun injuries, suicide and homicide. Women in states with higher levels of household firearm ownership are more likely to be murdered. Gun availability is a risk factor for suicide. Firearms in the home are associated with significantly higher rates of successful suicide.

15 Handguns and Public Safety, continued Law enforcement and emergency first responders are at increased risk when they enter a home with a firearm.

16 RESPONSIBLE GUN OWNERSHIP ORDINANCE Balances the right to possess a gun in the home for self-defense with the substantial risks to public safety that are associated with guns. Is comprehensive and addresses: The sale and possession of firearms; Establishes a permit process for gun owners; Includes a registration requirement for guns that allows for the registration of handguns.

17 Prohibitions The sale of firearms in the City of Chicago; Certain types of ammunition, including metal and armor piercing bullets and 50 caliber bullets; The sale of any ammunition to minors; Laser-sight accessories, silencers and mufflers; Sawed-off shotguns, 50 caliber rifles, machine guns, short-barreled rifles and assault weapons, and handguns deemed unsafe by the Police Superintendent.

18 Possession of Handguns Handguns can be possessed in a limited circumstance in the home for self-defense. Home is defined as the inside of a person s dwelling unit which is traditionally used for living purposes not the garage; stairs; porch; or yard. Dormitories, hotels and group living homes are excluded from the definition of home.

19 Gun Registration Requirements There is a two-step registration requirement. Individuals must first obtain a Chicago Firearm Permit (CFP); then a registration certificate for every firearm from the Chicago Police Department.

20 Chicago Firearm Permit Requirements Must be 21 years of age or with a parent s permission; Possess a valid Illinois FOID card; Not have convictions for a violent crime, two or more offenses of driving under the influence of alcohol or drugs, unlawful use of a weapon or other municipal code provisions regarding possession of laser sight accessories, silencers or mufflers or unlawful sales of firearms; Not be ineligible to possess a firearm under any law;

21 Chicago Firearm Permit, continued Individuals must undergo firearms safety training, both in a classroom and on a firing range. The CFP must be obtained prior to taking possession of any guns and must be renewed every three years.

22 Firearm Registration A registration certificate is required to carry or possess every firearm. The application must be submitted no more than 5 business days after taking possession of a gun. Each applicant will be issued only one registration certificate per month for a handgun which must be for the home in which the applicant resides.

23 Due Process for Application Denials Anyone who is denied a CFP or registration certificate will receive a written notice of denial identifying the basis of the denial. The applicant can then request a hearing at the Department of Administrative Hearings to challenge the denial.

24 Due Process, continued Revocations of CFPs and registration certificates follow a similar procedure: written notice from the Police Superintendent and the right to a hearing.

25 Limitations on Gun Possession Handguns: allowed in the registrant s home for self-defense. Long guns: allowed in the individual s home or fixed place of business. Vehicles: guns must be broken down into a non-functioning state.

26 Guns in the Home Each person must keep no more than one firearm in his home assembled and operable. All other firearms must be broken down in a nonfunctioning state or have trigger lock or other mechanism making the firearm temporarily inoperable. In homes with minors under the age of 18, guns must be kept secured secured on the person of the registrant; with trigger locks; or in locked boxes.

27 Guns in Vehicles Vehicles are subject to impoundment if they contain a firearm that is: registered to a person who is not the driver or occupant; unregistered; unregisterable; not being lawfully transported; or contain laser sight accessories, silencers or mufflers. The registered owner is responsible for fines and tow charges.

28 Gun Offender Registry Gun offenders who reside in Chicago or remain in Chicago to work or attend school are required to register with the Chicago Police Department. The Police Superintendent is required to post the registry on the Department s website and make the information searchable with a mapping system.

29 Gun Sales Prohibits deadly weapons dealers and other persons from selling or transferring firearms, except through inheritance. Deadly weapons dealers can sell ammunition, except for metal piercing bullets, but cannot sell any ammunition to minors. The Superintendent may authorize federally licensed firearms dealers to sell firearms and ammunition to police at police facilities.

30 Gun Ranges The ordinance also prohibits the location of gun ranges in the City of Chicago. There are numerous gun ranges in the suburbs ringing Chicago.

31 Current Enforcement The effective date of the ordinance was July 12, The CPD is accepting and processing applications for CFPs and gun registration certificates. Individuals have 90 days from July 12 th to obtain CFPs and register previously illegal handguns.

32 Pending Litigation There are three pending lawsuits challenging the constitutionality of the new ordinance. The lawsuits challenge various components of the ordinance including the registration requirement; prohibition on concealed carry; and the prohibition on gun dealers and ranges.

Case 1:10-cv Document 1 Filed 07/09/10 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 1:10-cv Document 1 Filed 07/09/10 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case 1:10-cv-04257 Document 1 Filed 07/09/10 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SECOND AMENDMENT ARMS, ) (d/b/a of R. Joseph Franzese),