Aug 12, 2008 1:16 pm US/Central
Evanston Repeals Handgun Ban
City Council Bent On Avoiding Costs Of Fighting NRA Challenge
EVANSTON, Ill. (Sun-Times Media Wire) ―
Bent on avoiding the legal costs of defending its handgun ban against a challenge by the National Rifle Association, the Evanston City Council on Monday agreed to permit possession of handguns within the home.
In a 7-1 vote, aldermen opted for pragmatism over principle on the hope of ending a suit filed June 27 by the NRA. The suit seeks to strike down the city's 1982 ban on possession of any operative handgun. The challenge was filed one day after the U.S. Supreme Court upheld the right to possess a handgun within the home in a Washington, D.C. case.
"Quite honestly, we cannot afford to fight for principle at this point when the law is against us," said Ald. Steven Bernstein. He lamented that handguns kept in the home "more often than not get into the hands of people who are coming into the home to do bad things."
Ald. Elizabeth Tisdahl tried unsuccessfully to require that guns contain child safety locks. "I don't think any of us are thrilled with the Supreme Court decision, but the decision is sufficiently vague that it does not have any prohibition against child safety locks," she said.
City attorney Elke Tober-Purze cautioned against building in restrictions that would leave the city vulnerable to a second challenge. She noted the plaintiff in the case heard by the high court case has filed a second suit challenging the District of Columbia's revised regulations "as highly unusual and unreasonable."
The Evanston ordinance approved Monday states "no person shall possess ... any handgun except when said handgun is kept at the residence ... for self-protection." The owner must possess a current and valid Firearm Owner's ID card from the state.
Persons under 18 are prohibited from possessing a gun small enough to be concealed on one's person. Certain persons cannot possess a gun under any circumstances. The all-out ban applies to drug addicts; mentally ill persons hospitalized within the past five years; mentally retarded individuals, and persons under 21 convicted of a misdemeanor, other than a traffic offense.
(Source: Sun-Times Media Wire © Chicago Sun-Times 2009. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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