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Home » News » National

Friday, August 1, 2008

Chicago suburb ends gun ban after D.C. ruling

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Morton Grove first to outlaw possession in '81

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Chicago Mayor Richard Daley, a supporter of gun control, and Chicago Police Assistant Deputy Superintendent Matt Tobias examine assault weapons in 2006.

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By

MORTON GROVE, Ill. (AP) | In 1981, this quiet northern Chicago suburb made history by becoming the first municipality in the nation to ban the possession of handguns.

Twenty-seven years later, Morton Grove has repealed its law, bowing to a U.S. Supreme Court decision in June that affirmed homeowners' rights to keep guns for self-defense.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 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 he 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, Mr. Krier said, noting that the village's ordinance has been under scrutiny since the Supreme Court agreed to hear the D.C. 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 Washington 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 think 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 handwriting on the wall.

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

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