Chicago and several of its suburbs ban the possession of handguns. A new law in Illinois prevents the conviction of a person for violating the handgun ban, if the person used the handgun for lawful self-defense on his property. The new law (720 ILCS 5/24-10) states:
It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self-defense or defense of another as defined in Sections 7-1 and 7-2 of this Code when on his or her land or in his or her abode or fixed place of business.
Although vehemently anti-gun Governor Rod Blagojevich vetoed the bill, the Senate over-rode the bill narrowly, and yesterday the House voted to 85-30 to over-ride. The reform was the result of the prosecution of a man who violated the Wilmette handgun gun, and whose violation was discovered after he shot a burglar during the burglar’s second invasion of the man’s home.
In my Arizona Law Review article “Lawyers, Guns, and Burglars”, I argue that one reason the United States has a much lower rate of home invasion burglaries than do countries such as the United Kingdom is that American law allows crime victims to shoot home invaders. The new Illinois law is a good first step towards better gun control laws; in the minority of states (such as New York) where local governments are allowed to ban certain types of guns, an Illinois-style reform deserves careful consideration.
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