By now most of you have probably seen the news about the ruling in the 7th Circuit tossing Chicago’s ban on gun transfers and sales within city limits. I think the result in the 7th Circuit speaks in favor of taking this issue to the federal courts. I get pessimistic and gloomy sometimes about our prospects of real protections out of the federal courts, but the 7th circuit rulings stand against my pessimism. They’ve been willing to take the right more seriously than other federal circuits. The Court here reasoned that Chicago could not claim to be discouraging criminal acquisition when it likewise discouraged ordinary acquisition:
But these transaction costs are also borne by law-abiding residents of these neighborhoods, who are equally parochial and may suffer many of the same dangers by crossing into gang-infested territory. So whatever burdens the City hopes to impose on criminal users also falls squarely on law-abiding residents who want to exercise their Second Amendment right.
It’s great to see a federal court calling BS on the longstanding argument that it’s just fine to generally discourage exercise of the right because it also discourages criminals.