CASE UPDATE. Gowder v. Chicago.

The United States District Court for the Northern District of Illinois recently held in Gowder v. Chicago that it is unconstitutional to treat people with non-violent misdemeanor convictions the same as convicted felons. Plaintiff, Shawn Gowder, was convicted as a first-time offender for possession of a firearm in violation of an Illinois law. His record did not prevent Gowder from receiving a Firearm Owner's Identification card, which means he could legally possess a gun in Illinois. However, Chicago police denied his application. Consequently, Gowder sued the city, claiming that Chicago's ordinance banning non-violent misdemeanants from possessing guns in their homes for self-defense is unconstitutionally vague and violates the Second Amendment. The Court agreed with Gowder, saying, the ordinance "does not provide a person of ordinary intelligence a reasonable opportunity to know what is prohibited," because it denies permits to people convicted of "unlawful use of a weapon," which is not defined. Gowder was convicted under a law that refers to "unlawful use of a weapon," but the law also applies to people who merely possess firearms. The Court held, "A person of ordinary intelligence would understand or interpret the term 'unlawful use of a weapon that is a firearm' to mean using a firearm for an unlawful purpose, and not mere unlawful possession." The Court explained how non-violent misdemeanants were not historically prohibited from possessing guns. In addition, infringements on the Second Amendment right should be subject to the highest level of review. Chris Cox, executive director of NRA'S Institute for Legislative Action, said, "This ruling sends a powerful message that the Second Amendment cannot be eliminated by a city ordinance." Other portions of Chicago's ordinance are being questioned in Benson v. City of Chicago. The ruling in Gowder v. Chicago is important for gun owners everywhere because it protects them from losing their Second Amendment rights because of a mere non-violent misdemeanor. This means more people will be able to practice their constitutional right without infringement by a City's laws. If you or anyone you know is facing an unjust legal issue with regards to firearms call today for a consultation.