Ezell v. City of Chicago

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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