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Frequently Asked Questions
What is the Illinois Campaign to Prevent Gun Violence?
Illinois Campaign to Prevent Gun Violence (ICPGV), a project of Illinois Council Against Handgun Violence (ICHV), is a research-based public education campaign to promote meaningful gun policy reform in Illinois. Working with a
statewide advisory group representing law enforcement, the medical and public health communities, faith-based organizations, local and state policymakers, victims and advocacy groups, ICPGV informs and educates the public on the facts about gun violence and prevention policies.
Is gun violence in Illinois a serious problem?
Gun violence is a significant problem in
Illinois. From 1999 to 2006 guns have killed 8,018 Illinois residents.
In 2006, 1,036 people died from firearm-related injuries in Illinois, 17
more deaths than in 2005. In 2006, 369 children and young people ages
0-25 were killed by guns in Illinois. From 1999 to 2006, 3,369 children
and young people ages 0-25 were killed by guns in Illinois. In 2006,
guns were used in 372 suicides in Illinois.1
Each and every week young people in Illinois are slain on the streets. From January to November of 2009, 213 children and young people age 25 and younger were murdered in Chicago, the vast majority by guns.2
In the past two years alone, more than 500 Chicago Public School
students have been shot.3
Who supports gun violence prevention policies in Illinois?
Support for gun violence prevention policies comes from a wide range
of individuals, organizations, and communities across Illinois, including
child health advocates, domestic violence advocates, legislators, law
enforcement officials, physicians, the faith-based community, and
citizens.
What are the current gun laws in Illinois?
For more information on current gun laws in
Illinois, please visit:
How does the Heller case 4,
which struck down the District of Columbia’s law banning most handgun
possession, affect the proposed gun violence prevention policies in
Illinois?
The Heller case should have no impact on the policies proposed in
Illinois to reduce gun violence. First, none of the proposed policies in
Illinois are directly at issue in the case. The
Heller case decided only
that the District of Columbia’s handgun ban and trigger lock law were
constitutional under the Second Amendment. Legislation proposed in
Illinois (e.g. to require background checks on all handgun transfers, to
license gun dealers, and to require gun owners to report lost or stolen
firearms) all involve much more modest regulations than a ban on
handguns. In addition, it has long been established that the Second
Amendment limits only the power of Congress, and that state laws are not
subject to challenge under the Second Amendment5
The
Heller decision did not change this long-standing rule.6
For
more information on the Heller case, the 2nd Amendment, and how they
relate to ICPGV’s policy agenda,
click here.
What
is the issue in McDonald v. Chicago?7
McDonald v. Chicago
is a pending United States Supreme Court case which raises the
issue of whether the
Second Amendment
restricts the actions of state and local governments, or only limits the
federal government. The Court is reviewing a Seventh Circuit decision
that affirmed the dismissal of Second Amendment challenges to handgun
bans in Chicago and Oak Park based on prior Supreme Court cases holding
that the Amendment applies only to the federal government. On March 2,
2010, the U.S. Supreme Court will hear arguments in McDonald.8
How
might McDonald v. Chicago affect the proposed gun violence
prevention policies in Illinois?
If the
Supreme Court holds that the Amendment does restrict state and local
action, a substantial increase in the volume of Second Amendment
litigation already clogging the nation’s courts is anticipated, despite
the fact that most, if not all, state and local firearms laws do not
prevent a law-abiding citizen from possessing a firearm in the home for
self-defense, and thus, would satisfy the holding in Heller.
Should the Second Amendment be held to apply against the states, the
gun lobby will continue to employ the threat of litigation to obstruct
state and local efforts to enact common sense gun violence prevention
measures, stifling in particular the adoption any innovative measures to
combat gun violence.
Where can I learn more about McDonald v. Chicago?
For
more information, analysis, and resources on McDonald provided by
Legal Community Against Violence,
click here.
How can I help ICPGV?
Please email
info@icpgv.org or call
773.209.1002
for more information on how you
can help Illinois Campaign to Prevent Gun Violence (ICPGV).
1 National Center for Injury Prevention and Control, WISQARS.
Fatal Injury Report 2004.
2
Chicago Police Department, 2009 Index Crime Statistics, Crime
Summary January-November 2009.
3
“08
Chicago kids shot in just 16 months,” March 9, 2009. Chicago
Sun-Times.
4
District of Columbia v. Heller, No. 07-290 (June 26, 2008).
5
See Miller v. Texas, 153 U.S. 535 (1894); Presser v.
Illinois, 116 U.S. 252 (1886); United States v. Cruikshank,
92 U.S. 542, 553 (1876). The Seventh Circuit has adopted this
position as well.
Quilici
v. Village of Morton Grove, 695 F.2d 261, 270-71 (7th Cir. 1982), cert. denied, 464
U.S. 863 (1983).
6
Heller, slip op. at 48 n.23.
7
District of McDonald v. Chicago,
No. 08-1521.
8
Analysis on McDonald provided by the
Legal Community Against Violence
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