Second Amendment Arms vs Chicago, yet another Chicago case
This case is far from the quality, punchy writing we've become accustomed to with Mr. Gura, but it's out there, so it might as well be included in this otherwise comprehensive log of active 2A cases.
It also is redundant, in that it addresses at least one issue currently being litigated by our favorite expert in 'Ezell', i.e. the range ban case. It does focus on gifting of firearms and the gun shop prohibition.
I wish these people would reach out and coordinate their efforts. Pooling resource beats the heck out of redundant, half-baked, efforts. But, they are correct in their complaints, and they have a right to bring them. I won't be surprised if they are combined with other cases.
The brief is all over the place, IMO. Buckle up.
http://ia700109.us.archive.org/16/items/gov.uscourts.ilnd.245180/gov.uscourts.ilnd.245180.6.0.pdf
Here are some highights:
15. On or about July 1, 2010, in response to McDonald v.
Chicago, MAYOR DALEY, a long time fervent opponent of the right
of others, than himself, to keep and bear arms, publicly
announced at a press conference, “It’s clear to all that our
current handgun ordinance will soon be struck down by the
Seventh Circuit Court of Appeals,” and therefore he would
immediately propose the immediate adoption of an ordinance that
would have among its key provisions, inter alia, the following:
a. Limiting registration of no more than one handgun per
month in the home per adult or applicant and generally
prohibiting the possession of a handgun by any person
except in the person’s home.
b. Establishing a two-step process to own and register a
handgun. First, an applicant must obtain a city firearms
permit, which requires having a valid State of Illinois
Firearm Owner’s Identification (“FOID”) Card, and then an
applicant must register the gun with the Chicago Police
Department.
c. Prohibiting handgun ownership by anyone who has been
convicted of any violent crime, has two or more offenses
for driving under the influence of alcohol or drugs and
under state law has been convicted of domestic violence.
d. Banning “assault weapons” and providing for mandatory
jail time beginning in 2011 for anyone who is caught with
one.
e. Arbitrarily and capriciously requiring firearms safety
training, both in a classroom and on a firing range but
illogically imposing a total ban on all firearms training
and firing rages within the CITY.
f. Arbitrarily and capriciously imposing a total ban on all
gun shops and sales within the CITY.
g. Including “severe” penalties for violating the ordinance,
including hefty fines and jail time.
h. Arbitrarily and capriciously banning the gifting of
firearms by residents and non-residents to residents of
the CITY.
i. Arbitrarily and capriciously prohibiting weapons from
being sold, purchased, possessed, used, or transfer that
can hold more than ten (10) rounds/cartridges/bullets
thereby creating a de facto bans on widely and normally
used and owned and commercially sold type of handguns.
16. Thereafter, on the next day, July 2, 2010, and without
seeking or allowing public comment or input or review, and in
order to circumvent the Supreme Court ruling in McDonald v.
Chicago and deliberately deny CHICAGO’S law-abiding residents
and others wishing to purchase or use lawful firearms in the
CITY the ability to acquire, obtain, keep and bear arms, i.e.,
legal handguns and other weapons, CHICAGO adopted a more
sweeping ordinance hurriedly proposed by MAYOR DALEY to become
effective on July 12, 2010 (the “New Gun Ban Ordinance”, a copy
which is attached hereto as Exhibit “C”).
Case: 1:10-cv-04257 Document #: 6 Filed: 10/01/10 Page 6 of 78 PageID #:163
