Gun Reports - News
SAF Sues Chicago Over Gun Range Prohibition
August 18, 2010Printer Friendly | Email |
(GunReports.com) -- The Second Amendment Foundation (SAF) has filed a lawsuit in federal court against the City of Chicago's new gun ordinance, asserting that "by banning gun ranges open to the public...under color of law," the city is depriving citizens of their right to keep and bear arms in violation of the Second Amendment to the U.S. Constitution.
Joining SAF in this lawsuit are the Illinois State Rifle Association (ISRA), Action Target, Inc., and three individual plaintiffs including a retired Chicago police detective. They are represented by attorneys Alan Gura of Virginia and David Sigale of Chicago, who teamed up with SAF and ISRA on the landmark case of McDonald v. City of Chicago, which incorporated the Second Amendment to the states, effectively striking down Chicago's 28-year-old handgun ban.
"While the city has adopted new regulations that make it legal to own handguns," said SAF Executive Vice President Alan M. Gottlieb, "they have crafted this new ordinance to make it virtually impossible for prospective gun owners to meet all legal requirements unless they travel outside the city for mandatory training. The new ordinance prohibits public gun ranges inside the city yet the city demands that handgun owners get at least one hour of range training time.
"This is a 'Catch-22' scenario," he continued, "that seems deliberately designed to discourage Chicago residents from exercising their firearm civil rights barely two months after those rights were restored by the Supreme Court."
Individual plaintiffs are Rhonda Ezell, a victim of three attempted burglaries who has disabilities making it difficult for her to travel outside the city; Joseph Brown, a WWII U.S. Army veteran who was among the liberators of the infamous Dachau concentration camp, and William Hespen, a retired police detective, all of whom must qualify for Chicago Firearms Permits.
Action Target, a Utah-based company, builds shooting ranges and manufactures gun range equipment and supplies. It has a long history of providing gun safety equipment and training, and has previously built law enforcement shooting ranges in Chicago. However, Action Target is prohibited from building a public target range within the city's limits under the restrictions of the new gun ordinance.
Randy Graham, vice president of Action Target, said, "We believe that citizens have a constitutional right to use and train with firearms in a safe and controlled environment. As a leader in the firearms training industry, Action Target is committed to standing up for these rights."
"By banning public gun ranges," Gottlieb said, "and by banning the loan and rental of firearms at such ranges, Chicago is acting under color of law to deprive citizens of their right to keep and bear arms, and to conveniently receive the education required under the ordinance that is necessary to obtain a Chicago Firearms Permit. The city is violating both the Second and First amendments, and we are asking the court to put an end to this nonsense."
Reader Comments
Once again it takes someone (an organization) from outside the city to have guts enough to to take on the king in chicago. I say king because the leaders of the city act like an evil king with his court limiting his peasants' rights. The residents need to acquire some cohones enough to stand up and throw the bums out!
Part of me really wants to see the Supreme Court smack down Daley and the Chicago council (DC as well) with fines and jail time for flagrantly violating the constitution. Another part of me, mindful of recent appointments, is very concerned about what that could turn into....
The Whole Democratic party will not care about the 2nd amendment, unless there is a way to line their own pockets with bribes. The Democratic party Chicago Mayor, Governor and higher ups including the President have to bribe for votes against our God given and constitutional rights.
Help me think this through - we have a Constitutionally guaranteed natural right to keep and bear arms. Correct?
And things like the Chicago restrictions are attempts to keeps from exercising that right, yes?
Isn't that an attempt to deprive citizens of their civil rights, and is that not a crime in the U.S. of A?
And further, are multiple restrictions not multiple attempts to commmit that crime? If I remember, doesn't 3 violations of the same kind of thing constitute mean you can be prosecuted under RICO? And, if I'm not mistaken, you don't even have to prove actual commission of the crime under RICO, only association with it. Is that correct?
So, why can't we prosecute Mayor Daley and all the city council members for multiple violations of civil liberties under RICO laws? And if we can, then why isn't it being done? One could at least bring a civil suit based on the same logic.
Don't expect much from the Feds in the way of bringing Mayor Daley and company into line. They couldn't even convict Rod Blagojevich on 23 of 24 felony charges when they had the guy on tape.
The only people who can bring about regime change in Chicago are the gutless gelding voters. Until they do, let them suffer with the consequences of the choices they've made.
We can all sympathize with the residents of Chicago and Illinois. It is incumbent, however, on those same residents to help themselves out of this unconstitutional morass in which they live. The corrupt Daley political machine will continue to deprive Chicago residents of their Second Amendment rights, and by extension due to concentrations of population, the entire state of Illinois will suffer as well.
It is easy for us, as onlookers, to pass this off by blaming the residents for the mess they are in. However, the realities of life in Illinois and Chicago, in particular, suggest that even with large voter endorsement of voting the thugs out of office, the rampant corruption in this arena poses a mighty obstacle that must be overcome.
I do not propose to have any simple answers to this situation, since the situation itself is not a simple one. I do agree with the comments of others who have posted here, but at the same time I believe that in order for the downtrodden residents to successfully challenge the powers that be, some assistance from government will be required. The likelihood of government helping to dethrone Daley would seem to be quite remote, since the current power in Washington is an extension of the Daley Doctrine of benign ignorance and corruption.
Hopefully this November's election may change that.
What part of WILL NOT BE INFRINGED do they not understand, by not alowing a gun range where the people can get to it within reason is doing just that. It is just like Commiefornia is trying to do by first stopping us from being able to get Ammo and reloading equipment over the internet, even though we payState taxes to do so and then want all kinds of paper work to buy Ammo, this is to so called stop the bad guys from getting Ammo, Now they are trying to get all long guns, rifles and shotguns to have to be registered and they want to stop all open carry even though it was bad enough we had to carry unloaded as it is. People said why carry open, well not all of can aford the out rages frees that are wanted (NON REFUNDABLE) or be denied for some reason like not being able to answer stupid questions of why we need one (ccl) by some county or state official, ie that reason isn,t good enough. I see that they have done it to even retired law enforcment. God Bless America and Our Troops Past Present and Future Keeping to My Oath Locked Loaded and Keeping My Powder Dry
canovack - you are correct as the Chicago trap will be hard for the people to break out of. Unfortunately, the most likely way out of the mess is for people to move, as the trend of corruption is generations old. Based on comments we've seen here before, too many voters in the area believe the corruption is outweighed by the "good" done through the moneys brought in through the corrupt networks. I'd like to see it change, but Chicagoans have to stop thinking the Daley regime is the hand that feeds them.
If we believe Biden, the fall elections will result in a Democrat majority across the board....
Some people just don't get that Richard J Daley was a dictator who enslaved the population of Chicago through the patronage system and now his son has crried on the tradition. Blagojevich was prosecuted not because he was a lone crook, it was because he was taking too big of a slice of the Chicago pie. The Feds need to investigate and prosecute everybody in this corrupt city, from top to bottom. They could easily fill up the empty prison at Thomson and then some.
A Chicago law that deliberately thwarts the Constitution? Who'da thunk it? The real miracle would be Chicago voters asserting, en masse, that their freedom is worth more than the thirty pieces of silver that the government gives them. But since organized corruption has been endemic in the Second City for well over a hundred years, is it likely to change now? Not only no, but hell no. Chicagoans have earned what they have gotten.
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