7th U.S. Circuit Court of Appeals

Chicago Restrictions To Gun Ranges Ruled Unconstitutional

The City of Chicago lost yet another court battle versus gun “rights.” From a news release yesterday on the website of the Second Amendment Foundation:

A three-judge panel of the Seventh U.S. Circuit Court of Appeals today handed the Second Amendment Foundation a victory in its challenge of firearms regulations in the City of Chicago, striking down a zoning provision, reversing an earlier ruling that upheld “distancing” restrictions for gun ranges, and reversing an earlier ruling that upheld certain age restrictions.

Writing for the court, Judge Diane S. Sykes noted, “To justify these barriers, the City raised only speculative claims of harm to public health and safety. That’s not nearly enough to survive the heightened scrutiny that applies to burdens on Second Amendment rights.”

“We are delighted with the outcome of this lengthy case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The extremes to which the city has gone in an attempt to narrow its compliance with the Supreme Court ruling in McDonald v. City of Chicago can only be described as incredible stubbornness. In the 6½ years since the high court ruling in our McDonald case, the city has had ample opportunity to modify its regulations. Instead, Chicago has resisted reasonableness.

“We had already sued Chicago successfully to knock down its outright ban on gun ranges within the city,” he recalled. “Then they adopted new regulations that included the zoning, distancing and age restrictions that we contested in this legal action, known as ‘Ezell II.’

“The city tried to severely limit where shooting ranges could be located, and they failed,” he continued. “The city put up arguments about the potential for gun theft, fire hazards and airborne lead contamination, and they failed. Even the judge’s opinion today noted that the city had ‘produced no evidentiary support for these claims beyond the speculative testimony of three city officials.’ This nonsense has got to stop

(Editor’s note: Bold added for emphasis)

The “nonsense” Gottlieb speaks of is well-documented on the Chicago Tribune website this morning. From the Associated Press article:

Chicago has suffered a string of defeats in its efforts to restrict guns, which top officials have cited as a major reason for a sharp rise of violence in the city.

The U.S. Supreme Court forced the city to rewrite its firearms ordinance in June 2010, which had banned the ownership of guns in the city. In response, the city came up with an ordinance outlawing the sale of firearms in the city.

A judge ruled in 2014 the city’s ban on gun shops violated the Constitution.

Chicago imposed a blanket ban on shooting ranges in 2010. The Court of Appeals struck down the ban in 2011, prompting the city council to pass ordinances accomplishing the same thing. The Second Amendment Foundation and others took the city to court over the ordinances in 2014.

Sounds like City Hall could really use a refresher course on the U.S. Constitution.

Plus, how much more of the taxpayer dime was blown on this latest anti-Bill of Rights legal activity?

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

Source:

Associated Press. “Appeals court rules restrictions to gun-ranges in Chicago are unconstitutional.” Chicago Tribune. 19 Jan. 2017. (http://www.chicagotribune.com/news/local/breaking/ct-chicago-gun-range-restrictions-20170118-story.html). 19 Jan. 2017.

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Push For Immediate Concealed-Carry In Illinois Delayed

Speaking of concealed-carry in Illinois, those looking to legally do so in the state may not have to wait until early 2014 to carry their handguns in such a manner. The Associated Press is reporting this morning:

Gun rights advocates trying to force a ruling to make Illinois’ concealed-carry law take immediate effect will have to wait at least more than a month for the decision from a federal appeals court.

The 7th U.S. Circuit Court of Appeals has scheduled arguments on the issue for Oct. 3, though it’s unclear how soon that Chicago-based court might then issue a ruling.

Mary Shepard and the Illinois State Rifle Association want the 7th Circuit to immediately allow residents to carry weapons in public, arguing that the months allowed for Illinois State Police to set up the permit process and then sort through applications is untenable and illegal.

The state counters that the implementation period spelled out in the law passed in July by Illinois’ General Assembly should be allowed to run its course, citing that public safety could be compromised if appropriate background checks on applicants aren’t done as mandated.

This is a story I’ve been following for a while. I blogged back on August 6:

According to the Illinois State Police, applications for Illinois CCW won’t be made available to the public until January 5, 2014.

Not only have a number of gun rights supporters questioned the delay, but assistance from a federal appeals court was also requested on their behalf.

The court has responded. From the Associated Press yesterday:

A federal appeals court has refused an urgent request by gun rights advocates to let Illinois residents immediately tote firearms in public under the state’s fledgling concealed-carry law, though the panel has decided to give the matter a speedy review.

The Chicago-based 7th U.S. Circuit Court of Appeals denied the request last Thursday and said it expects both sides to submit written briefs by Aug. 14 regarding whether the months-long wait to implementing the law is unreasonable and illegal, as critics insist. No oral arguments on the matter had been scheduled as of Monday.

Stay tuned…

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

Source:

“Court sets arguments in Illinois concealed-carry case.” Associated Press. 27 Aug. 2013. (http://thesouthern.com/news/court-sets-arguments-in-illinois-concealed-carry-case/article_d96df50e-0ed0-11e3-97fc-0019bb2963f4.html). 27 Aug. 2013.

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Illinois Concealed-Carry Latest

On July 9, 2013, Illinois joined the other 49 states in enacting concealed-carry.

But according to the Illinois State Police, applications for Illinois CCW won’t be made available to the public until January 5, 2014.

Not only have a number of gun rights supporters questioned the delay, but assistance from a federal appeals court was also requested on their behalf.

The court has responded. From the Associated Press yesterday:

A federal appeals court has refused an urgent request by gun rights advocates to let Illinois residents immediately tote firearms in public under the state’s fledgling concealed-carry law, though the panel has decided to give the matter a speedy review.

The Chicago-based 7th U.S. Circuit Court of Appeals denied the request last Thursday and said it expects both sides to submit written briefs by Aug. 14 regarding whether the months-long wait to implementing the law is unreasonable and illegal, as critics insist. No oral arguments on the matter had been scheduled as of Monday.

So no CCW in the meantime, right?

Well, in a number of counties across the “Land of Lincoln,” authorities have told residents they may not be arrested for carrying a concealed firearm. Back on July 11, Chuck Goudie and the “I-Team” from Chicago ABC affiliate Channel 7 News reported:

If you have a gun and want to carry it without being bothered by local law enforcement, you will have to travel a bit outside of metro Chicago. But not too far.

Even though Illinois’ new concealed carry law is on the books, the actual state permitting process is not ready to go and won’t be for months.

Regardless, the I-Team has identified 14 counties where authorities say you may not be arrested for carrying a gun…


Channel 7 Video

Those looking at carrying a concealed firearm in these counties should keep in mind something that Goudie pointed out:

What this means is that in certain Illinois counties you could carry a gun without being bothered by local law enforcement, and then get on the expressway where Illinois state police would arrest and charge you with a gun crime.

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

Source:

“Appeals Court Denies Immediate Illinois Conceal-Carry.” Associated Press. 5 Aug. 2013. (http://stlouis.cbslocal.com/2013/08/05/appeals-court-denies-illinois-conceal-carry/). 6 Aug. 2013.

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