Proposed Niles, Illinois, Gun Shop And Range Back In Court On April 14

Sorry about the delayed posting this week. While I would have liked to have celebrated an extended St. Patrick’s Day weekend here in the Chicago area (and wrote), a number of personal matters required my attention instead.

Speaking of the Chicagoland area, remember when I blogged last summer about that gun shop and range possibly opening up around my old stomping grounds on the Northwest Side? Last I heard, the proposed facility at 6143 Howard Street in Niles was being sued by a gun “control” group calling themselves People for a Safer Society. I noted on November 13:

As for the new gun shop/range? Alex Hernandez reported on The Bugle website on October 24:

People for a Safer Society are suing to block Sportsman’s Club and Firearms Training Academy from opening in Niles.

“The area immediately surrounding [Sportsman’s] is replete with schools, religious facilities, children’s recreations facilities, and other non-gun-related businesses and entities, many or all of which are within walking distance of the Howard Property and the proposed gun range,” said the suit filed by People for a Safer Society last Friday.

Back in July trustees voted 4-1 to grant Sportsman’s a special use permit to open an 1,800-square-foot firing range and 2,500 square feet of retail space at 6143 W. Howard St…

The suit claims that if Sportsman’s opens the business would endanger Niles by allowing “easy access for buying a gun for anyone in or near Niles and the surrounding villages and communities,” that Sportsman’s gun sales “would result in the feeding of crime guns to the City of Chicago,” and finally a fear that the store could increase the risk of suicides and mass shootings in the area…

That’s the last I heard of the Niles gun shop and shooting range- until this afternoon. Tom Robb reported on the website of Journal & Topics Newspapers (northwest Chicago suburbs) last week:

A significant ruling, in the case of anti-gun activists challenging Niles village trustees’ approval of a gun shop and shooting range, could come next month. It could end the case, send it to trial or add another party to the lawsuit.

At issue in a ruling, expected Tuesday, Apr. 14, is whether the challenge to the special use permit would be “facial” or “as applied.”

Robb explained later in the article:

In their motion to dismiss the suit, Niles attorneys wrote, “An applied challenge represents a plaintiff’s protest against how a statute was applied in a particular context… while a facial challenge represents a plaintiff’s contention that a statute is incapable of constitutional application in any context.”

Because the case could not withstand a facial challenge, village attorneys say in their motion that the case should be dismissed.

People For A Safer Society attorney Anthony Hind said he believes the standard in the gun shop case should rest on the “as applied” standard, based on long-standing state law, and that it should move forward…

There’s more to this legal stuff, which you can read over on the Des Plaines-based paper’s website here.

Survival And Prosperity wishes 6143 Howard Partners Inc. the best of luck on April 14.

Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

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Survival And Prosperity
Est. 2010, Chicagoland, USA
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