"Wilmette man loses gun law challenge: Judge says village can bar weapons" read the headline to this story today in the Chicago Tribune. Some quotes:
A Cook County judge Friday rejected the arguments of a Wilmette man who claimed his constitutional rights were violated after he shot a home intruder and then was cited for violating a village ordinance banning possession of a handgun.Posted by Marcia Oddi at October 30, 2004 07:08 AMHale DeMar, who shot Morio Billings of Chicago after Billings broke into his home in December, challenged the village ordinance under which he was fined $750.
In a 16-page order, Circuit Judge Thaddeus Machnik dismissed his claim, disputing DeMar's argument that his right to privacy under the 14th Amendment includes the right to possess a handgun in his home.
"We are pleased with the decision," said Timothy Frenzer, Wilmette's village attorney. "The law is very clear on this. Municipalities have the right to regulate handguns and even prohibit handguns." * * *
On Friday, Machnik's order concluded, in part: "The United States Supreme Court, the Seventh Circuit, and the Illinois Supreme Court have categorically held that the right to possess a firearm, and particularly a handgun is not a fundamental right." The judge also stated that municipalities have a "legitimate governmental interest" in reducing firearm-related deaths and injuries.
He listed as examples, "unplanned criminal shootings in the heat of passion or in overreaction to fears of assault or within the context of domestic violence, accidental shootings by children or by adults who are unaware that a handgun is loaded, and suicides."