After court ruling, towns rush to repeal gun bans

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By KAREN HAWKINS, Associated Press Writer Wed Jul 30, 3:33 AM ET

MORTON GROVE, Ill. - In 1981, this quiet northern Chicago suburb made history by becoming the first municipality in the nation to ban the possession of handguns.
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Twenty-seven years later, Morton Grove has repealed its law, bowing to a U.S. Supreme Court decision in June that affirmed homeowners' right to keep guns for self-defense.

It's one of several Illinois communities — reluctant to spend money on legal fights — rushing to repeal their gun bans after the court struck down a Washington, D.C., ban, even as cities such as Chicago and San Francisco stand firm.

Mayor Richard Krier acknowledges Morton Grove's place in history, but said that didn't affect the village board's 5-1 decision Monday to amend its ordinance to allow the possession of handguns. The village still bans the sale of guns.

"There hasn't been any pressure" to keep the ban, Krier said, noting that the village's ordinance has been under scrutiny since the Supreme Court agreed to hear the Washington case. He also pointed out that the mostly residential village has never had a big problem with gun crime.

Though Morton Grove's gun ban is five years younger than Washington's, it's considered the first in the country because the village is a municipality, whereas D.C. is a federal district.

Gun rights advocates hailed the Supreme Court's 5-4 decision affirming that individuals have a right to own guns and keep them in their homes for self-defense.

The National Rifle Association and others carried their enthusiasm straight to federal court, suing the city of Chicago and Mayor Richard Daley, a vocal supporter of gun control, and the Chicago suburbs of Morton Grove, Evanston and Oak Park.

Wilmette, another northern Chicago suburb, voted to repeal its ban. Officials there said they believe they weren't sued by the NRA because the village stopped enforcing its 1989 ban after the high court ruling.

"In my mind we had to repeal," said Wilmette Village President Chris Canning, who is also a lawyer. "I knew that our ordinance would not survive constitutional scrutiny."

Todd Vandermyde, an NRA lobbyist in Illinois, said communities working to repeal their gun bans simply see the writing on the wall.

"Some communities are truly seeing what is contained in the Supreme Court decision and they're reacting appropriately," Vandermyde said.

"Others want to spend taxpayer money on some Don Quixote-type quest," he said, referring to Chicago, whose lawyers insist the city's ban will withstand any legal challenges.

"We have no plans to amend our ordinance at this time," said Jennifer Hoyle, spokeswoman for Chicago's law department, noting that the ordinance has survived three previous court challenges. "We're prepared to take this fight to the Supreme Court if necessary."

San Francisco Mayor Gavin Newsom said last month that his city would "vigorously fight the NRA" and defended the ban as good for public safety.

Even Washington, D.C., has remained defiant, quickly enacting gun regulations that advocates say are still among the strictest in the country.

Gun control advocates say communities should not rush into repealing gun bans, arguing that if Chicago and San Francisco win in court, bans elsewhere would be protected.

"We went through a lot 27 years ago," said Don Sneider, one of four trustees who voted for Morton Grove's gun ban in 1981. He's upset that the current board voted to repeal it.

"There was tremendous pressure from the NRA and from citizens," he said. "We got threatening letters, letters swearing at us. ... I didn't feel that they had to rush into repealing it."

Patrick Kansoer, a hunter who is a plaintiff in the lawsuit against Morton Grove, said he was pleased with the board's vote but hasn't decided whether to drop the suit because of a possible provision outlawing shotguns.

Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, said he was disappointed to see communities' gun bans disappear because of financial concerns.

"The pressure that Morton Grove is feeling is because the NRA and the gun-lobby lawyers are pushing these issues, basically forcing them to make a decision on where to spend their money," Helmke said.

He said he is hopeful that Morton Grove and other communities will quickly write new gun regulations, like Washington has.

For his part, Krier, Morton Grove's mayor, said he is relieved that the Supreme Court has handed down a decision, leading the way for the village to act on what ultimately isn't a big issue in a place recently voted by Family Circle magazine as a "Best Town for Families."

"I don't blame Mayor Daley and the mayors... they want every tool available to them to stop the violence," Krier said. "If they believe that it has helped one homicide, then it's a good reason to fight it, but we don't have that issue here in Morton Grove."

[Big Dog]

Wilmette has suspended enforcement of their handgun ban.

Wilmette Suspends Local Handgun Ban

NRA Files Suits In Chicago, Three Suburbs Challenging Gun Bans

POSTED: 2:47 pm CDT June 27, 2008


WILMETTE, Ill. -- Wilmette has suspended enforcement of its 19-year-old ordinance banning handgun possession in the wake of a U.S. Supreme Court decision that appears to invalidate such bans.

In a 5-4 decision, the court struck down Washington, D.C.'s ban on handguns, a prohibition similar to those used in several major cities, including Chicago, and a handful of suburbs including Wilmette, Evanston, Winnetka and Oak Park.

"The Law Department and the Police Department have suspended enforcement of the ordinance pending further review by the Village Board," Wilmette village attorney Tim Frenzer said Thursday. "Based on the decision today, at a minimum it calls into serious question the continued viability of the ordinance."Frenzer said questions remain about how directly the court's decision will impact local gun laws in Wilmette and other parts of the country. Washington is not a state, and each state has its own legal language governing the right to bear arms.

"That aside, the opinion will require further review and discussion by the Village Board, but it's prudent at this point to suspend enforcement of it," Frenzer said.Wilmette's law, enacted in 1989, levied fines of up to $750 for handgun possession and allowed the village to seek a judge's order to have seized weapons destroyed.

Frenzer said he did not know exactly how many times the law has been invoked, but said its use is rare.The last case he recalls involved a 2003 incident in which a resident, Hale DeMar, was cited after using a handgun to shoot and wound a burglar in his home. The case mobilized state gun right groups and led to the passage of a law that gave gun owners a defense to local prohibitions if the weapon was used in self-defense.

Wilmette's charges against DeMar were eventually dropped. He could not be reached for comment Thursday.Wilmette Police Chief George Carpenter declined to comment on the high court's ruling, saying he had not yet had a chance to read the decision or review it with village staff.

NBC5's Phil Rogers reported that Wilmette was not the only community with big decisions to make in the wake of the Supreme Court's decision. Six Chicago area communities: Wilmette, Winnetka, Evanston, Chicago, Oak Park and Morton Grove, have outright handgun bans, dating back to 1981, which are now apparently illegal.

Eight other communities: Highland Park, Deerfield, Northbrook, River Grove, Westmont, Forest Park, Elk Grove Village and Niles, ban the sale or transfer of handguns within their city limits.

On Friday, the Chicago Tribune called for the repeal of the Second Amendment. But barring that, Rogers reported, the Supreme Court's decision seems to leave little wiggle room for refinement of existing laws."It's going to be very challenging, I think, for municipalities to hold on to the overall ban on a handgun," Frenzer said.

As local communities tried to determine exactly how the ruling affected them, many activists made it clear that they were not prepared to take "no" for an answer.

Civil rights activist Rev. Jesse Jackson declared that if the law means more gun stores, he would fight to have a say as to where they are located. Jackson also likened the fight against gun violence to the struggle for civil rights."We have legalized access to weapons of mass destruction," Jackson said. "We have become the most violent nation on earth. We make the most guns and we shoot them.

"NRA Files Suits In Chicago, Three Suburbs Challenging Gun Bans

The National Rifle Association has entered the fray over Chicago's handgun ban.The NRA filed a lawsuit Friday against the city ban. It said it also filed comparable lawsuits in the suburbs of Evanston, Oak Park and Morton Grove.

Several other pro-gun groups filed a separate lawsuit yesterday challenging Chicago's ban.The flurry of litigation follows a Thursday U.S. Supreme Court ruling striking down a Washington, D.C. gun ban.

NRA lobbyist Chris Cox said the lawsuits are meant to ensure state and local governments adhere to the court's ruling.He adds the NRA won't rest until the existing handgun bans are all struck down, but he said that attorneys for the pro-gun groups concede the fight over Chicago's ban could last years.

Anti-gun groups said the bans help stem the number of gun-related deaths and accidents.