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235,000,000 of America's Firearms Killed No One Yesterday

Anticipating that its gun control law will be struck down on remand after last weeks decision in McDonald v. Chicago (that Second Amendment case), the City of Chicago has unanimously passed what it says is the strictest handgun ordinance in the country. For its part, the NRA is up in arms.

Chicago's concern -- rightly -- is with the city's incredible gun violence rate. But the ordinance it has passed is absolutely insane. Take a look at the new law's more prominent features:

• Prohibits residents from having more than one handgun in operating order at any given time.


• Prohibits people from owning a gun if they were convicted of a violent crime, domestic violence or two or more convictions for driving under the influence of alcohol or drugs.


• Requires prospective gun owners to be fingerprinted, pay a $100 fee every three years, pay for a four-hour class and, and pay one-hour training at a gun range; but also *prohibits* any of those classes from taking place within city limits.


• Prohibits people from leaving their home with a handgun in operational order.


• Requires residents residents convicted of a gun offense, including any of the above, to register with the police department, much like sex offenders.


• Punishes violations with a fine of up to $5,000 and 90 days for a first offense, and a fine of up to $10,000 and six months for subsequent convictions.

I understand the city's duty and desire to protect its citizens and curb violence. I can only imagine the crushing feeling of responsibility that must accompany each newspaper or radio report of a shooting, robbery, or assault in the jurisdiction which a legislator is responsible. But however noble its motivation, Chicago'a approach is more than questionable given that for the last 28 years Chicago has had a total ban on handguns, and yet it remains one of the most dangerous cities in the country. The reason is, or should be, fairly obvious: it is ludicrous -- ludicrous -- to expect that the people committing armed robberies will be deterred by a firearms ordinance.

Rather than reducing gun violence, the ordinance is going to sting lawful firearm owners who trip over the web of requirements, or who cannot afford to pay the confusing array of fees. The ordinance will make lawful people resent the city government and it will make the city officials resent the Supreme Court, all while doing next to nothing to actually address illegal gun violence. Eventually, of course, this new law will be struck down -- but not before a whole bunch of people (public and private) invest a tremendous amount of time, energy, and money, that would be better spent elsewhere.

In short, when I look at Chicago's behavior here I see stubborn, martyr-esque refusal to acknowledge a constitutional right. It suggests dogma in the face of the facts, and denial in the face of the law. It is not all that different from historical attempts to undercut the Court on school integration, or voting, or abortion. If Chicago really wants to do right here, I am certain that there are more effective ways of addressing Chicago's safety than picking fights with the NRA. Especially when the Supreme Court of the United States has made clear that in this one, it's on the NRA's side.

Full post as published by Nuts & Boalts on July 03, 2010 (boomark / email).