Tag Archives: Lawsuit

Gun Charge Dismissed Due to Chicago’s Lack of Gun Ranges

I apologize for the use of a news clip from Fox — the written article isn’t much better but they were the first to break the story.

Here’s the skinny: Jesus Duenas, a FOID card holder, purchases a handgun after the ban is lifted. He does not immediately obtain a Chicago Firearms Permit. In an unrelated incident, neighbors call police to complain about noise and the police use this opportunity to shake him down. They confiscate the handgun after entering the home without a warrant and charge him with having an unregistered firearm.

The judge dismisses the gun charge because the city of Chicago does not have a gun range and this is why Duenas was unable to comply with the ordinance.

Although the fact that there are CFP holders in Chicago this bit of information seems to be lost on the Fox news anchors. It’s at least good for a laugh.

In all seriousness I hope to get some more details on this case and hopefully from a better journalistic source.

David Lawson Victory in Lawson v. Chicago

The Denial by the Chicago Police Department of David Lawson’s registration of the subject four SKS Rifles is REVERSED. The subject rifles are not prohibited under the Municipal Code of Chicago, 8-20-170, and therefore, registration certification shall issue accordingly. Pursuant to Section 2-14-102 of the Chicago Municipal Code, this decision is final and subject to review under the Illinois Administrative Review Act.

The chain of events began with David Lawson attempting to register five rifles and a shotgun. Four of the rifles are fixed-magazine SKS rifles. On November 2nd he was mailed a denial for registration.

The denial was based on the premise that the rifles could be modified to accept illegal magazines and did therefor did not meet Municipal Code of Chicago 8-20-170(d).

http://chicagohandgun.org/2011/03/lawson-v-chicago-initial-denial/
http://chicagohandgun.org/2011/08/lawson-v-chicago-mayhem-denied/
http://chicagohandgun.org/2011/08/lawson-v-chicago-victory/

Congratulations to Mr. Lawson and his supports for this victory for law-abiding firearms owners in Chicago.

SAF Wins Injunction v. Chicago Gun Range Ban

BELLEVUE, WA – In a 3-0 ruling issued this morning, the U.S. Court of Appeals for the Seventh Circuit has reversed a lower court ruling and ordered that court to issue a preliminary injunction against the City of Chicago on behalf of the Second Amendment Foundation that prevents the city from banning gun ranges inside city limits.

Joining SAF in the original lawsuit were Action Target, Inc., the Illinois State Rifle Association and three Chicago residents, Rhonda Ezell, William Hespen and Joseph Brown. Their attempts to obtain a temporary restraining order against the gun range ban were twice rejected by the district court. The Appeals Court ruling is severely critical of the lower court’s ruling.

“This is a significant victory that could have strong implications well beyond the Chicago city limits,” said SAF Executive Vice President Alan M. Gottlieb. “The court is making it clear that cities cannot adopt firearms ordinances that are so deliberately restrictive that they make it impossible for citizens to exercise their rights under the Second Amendment.”

Immediately after last year’s landmark SAF victory in McDonald v. City of Chicago, the city adopted a handgun ordinance that required special permits and mandated range training, but banned gun ranges inside city limits. The city argued that citizens could fulfill their training requirement by visiting a suburban range. In today’s ruling, written by Judge Diane S. Sykes, the Appeals Court observed, “It’s hard to imagine anyone suggesting that Chicago may prohibit the exercise of a free-speech or religious-liberty right within its borders on the rationale that those rights may be freely enjoyed in the suburbs. That sort of argument should be no less unimaginable in the Second Amendment context.” In a concurring opinion, Judge Ilana Diamond Rovner noted, “…the city may not condition gun ownership for self-defense in the home on a prerequisite that the City renders impossible to fulfill within the city limits.”

“What the city tried to do, as the court ruling noted, was ‘thumb its municipal nose at the Supreme Court’,” Gottlieb stated. “City governments, no matter how much they abhor the fundamental right of citizens to keep and bear arms, cannot use clever legal devices to prevent the exercise of that right. As Judge Rovner noted, ‘the city must come to terms with that reality’.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.