gun shops

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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Thursday, January 19th, 2017 Firearms, Government, Gun Rights, Hunting, Legal, Self-Defense, Shooting Sports, Training Comments Off on Chicago Restrictions To Gun Ranges Ruled Unconstitutional

Maxon’s Gun Shop, Range Coming To DuPage County?

The last time I blogged about Maxon Shooter’s Supplies and Indoor Range in the near-northwest suburb of Des Plaines, I was congratulating them back in February 2015 on receiving a prestigious Five Star rating from the National Shooting Sports Foundation (NSSF).

These days, Maxon’s is in the local news for their proposed expansion into DuPage County, Illinois. Erin Hegarty reported on the Chicago Tribune website on November 23:

Preliminary plans have been proposed for an indoor shooting range and gun shop in Warrenville, just across the street from Naperville on Ferry Road.

Naperville resident Dan Eldridge already owns the Maxon Shooter’s Supplies and Indoor Range in Des Plaines. Building a second location in Warrenville was a necessity because he needs more classroom space, he said, but it will also fill a void for this type of business in the western suburbs.

“This would allow us to grow in an underserved area in Chicagoland,” Eldridge said.

The new location on 7-plus acres at 30W255 Ferry Road will serve residents in Warrenville, Naperville and Aurora – a market that lacks facilities for shooting classes and practice ranges, he said. Its proximity to Route 59 and Interstate 88 will allow them to attract shooting enthusiasts from as far as 20 to 30 miles away, he said…

(Editor’s note: Bold added for emphasis)

According to Hegarty, Maxon’s owner figures the new facility would employ about 25 full- and part-time workers.

You can read the entire article on the Chicago Tribune website here. And for more information about Maxon’s, head on over to their site here.

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

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Thursday, December 8th, 2016 Firearms, Hunting, Self-Defense, Shooting Sports, Training Comments Off on Maxon’s Gun Shop, Range Coming To DuPage County?

Illinois Gun Dealers Under Legislative Attack

Here’s the latest anti-gun “end-around” being attempted in the state of Illinois. From the National Rifle Association’s Institute for Legislative Action website Monday:

Last week, state Representative Kathleen Willis filed House Amendment 8 to House Bill 1016, another anti-gun amendment that seeks to over-regulate gun dealers and impose restrictions that could potentially force gun stores to close. House Bill 1016 has been sent to the House floor and could be considered at any time. Your NRA-ILA continues to outright oppose House Bill 1016 and any anti-gun amendment proposed. Please continue to contact your state Representative and politely urge them to OPPOSE House Bill 1016.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) licenses and closely monitors all FFLs and strictly enforces any violations of federal law. HB 1016 goes far beyond federal law in its mandatory regulations and red tape imposed at the state level that it would almost assuredly force the closure of most firearm dealers, and prevent prospective owners from opening new ones. This legislation seeks to create so many department divisions, anti-gun 5-member licensing boards, and licensing fees that dealers would be forced to close through oversight by anti-gun appointees or would be priced out of business…

The NRA-ILA offers opponents of HB 1016 a way to take action via their website here.

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

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Wednesday, November 30th, 2016 Firearms, Government, Gun Rights, Hunting, Legal, Self-Defense, Shooting Sports Comments Off on Illinois Gun Dealers Under Legislative Attack

Illinois ‘Gun Dealer Licensing Act’ Shot Down

“House Bill 1016, or the Gun Dealer Licensing Act, could make the process of buying guns in Illinois even harder. Under the new regulations, gun shop owners would have to apply for an additional state license on top of the ones they’re already required to get from Illinois and the Federal Government. It’s got local gun shop owners and their customers concerned…”

-WSIL-TV 3 (Southern Illinois ABC affiliate), May 25, 2016

The Illinois “Gun Dealer Licensing Act” is dead.

For now at least.

From a press release on the Illinois State Rifle Association website today:

6/1/2016

OBNOXIOUS EFFORT TO BAN GUN SHOPS TURNED BACK IN ILLINOIS
CONTACT: Richard Pearson, Illinois State Rifle Association, (815) 635-3198
WEB SITE: http://www.isra.org

SPRINGFIELD, IL– The following was released today by Illinois State Rifle Association (ISRA) Executive Director, Richard Pearson:

“Hard work and a good dose of civic pride prevailed this week as a divisive and punitive piece of gun control legislation was hammered to death in the Illinois House. By way of thousands of phone calls, emails, and witness slip filings, the Illinois General Assembly got the message that Illinoisans do not want some hate-filled outsider telling them what guns they can buy and where they can buy them.”

“Earlier this spring, former astronaut Mark Kelly rolled into town trumpeting his ‘Gun Dealer Licensing Act’ as the sure-fire cure for Chicago’s violent crime epidemic. In reality, Kelly’s proposal was nothing more than a transparent attempt to put lawful firearm retailers out of business.”

“If enacted, Kelly’s bill would result in jumps in retail prices of firearms by $100 or more along with doubling the price of a box of ammunition. Kelly’s bill would foist an unbearable regulatory burden on lawful firearm retailers which would cause many, if not most to close their doors. The good people of Illinois saw right through Kelly’s scheme and responded swiftly – making it abundantly clear that they’d have nothing of it. So, at the stroke of midnight, the ‘Gun Dealer Licensing Act’ became nothing but a fireball streaking across the stratosphere over Springfield.”

“Kelly’s campaign against the Second Amendment is driven by his hatred of citizens who dare to own firearms. Thus, the Gun Dealer Licensing Act proposal was nothing more than a thinly-veiled effort to punish lawful gun owners. Kelly and his ilk have promised to bring the bill back next session. We really wish that Kelly and his pals would not come back – we’re sick of looking at him. On behalf of the citizens of Illinois, I’m asking Kelly to abort reentry, return to low-earth orbit, and stay there.”

“If the gun control movement is really serious about reducing violent crime, they will turn their attention away from closing lawful gun shops and towards the root of violent crime – the career criminal. The Chicago Police Department’s own figures indicate that nearly 90% of murderers have previous criminal records while, at the same time, three-quarters of murder victims have previous convictions as well. If the corrections authorities cannot rehabilitate violent criminals, then they need to keep them behind bars. It’s that simple. So my message to Kelly and his buddies in the gun control movement is to get with the program, or get out of town.”

For more information about the ISRA, head on over to their website here.

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

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Wednesday, June 1st, 2016 Ammunition, Crime, Firearms, Government, Gun Rights, Hunting, Public Safety, Self-Defense, Shooting Sports Comments Off on Illinois ‘Gun Dealer Licensing Act’ Shot Down

Chicago: 54 Shot, 8 Killed Over Labor Day Weekend

Labor Day Weekend is over. So is the summer slowdown on Survival And Prosperity. I guess it’s only appropriate the new “season” on the blog should kick-off with the following headline that’s making the rounds locally this morning. From the Chicago Tribune website:

“54 shot, 8 fatally, over Labor Day Weekend”

A year ago, those numbers were 40 shot, 3 killed.

It’s only a matter of time now before the gun “control” crowd is in the local media outlets calling for even more restrictions.

As they make their emotion-driven pleas, Chicagoans might want to keep the following in mind. Fran Main reported on the Chicago Sun-Times website on August 29:

Chicago criminals are finicky about how they get their guns, according to a new study by the University of Chicago Crime Lab.

In a survey of almost 100 detainees in the Cook County Jail, few said they get firearms at gun shows or through the Internet, said Harold Pollack, co-director of the crime lab. They also said they don’t normally steal guns or buy them at a licensed store

And most said they got the weapons through personal connections because they feared getting caught in a law-enforcement sting or being robbed by a stranger…

(Editor’s note: Bold added for emphasis)

Kind of derails the gun “control” narrative about gun show/Internet “loopholes” these days, doesn’t it? And from the University of Chicago no less. Still, a larger survey pool would have been nice here.

There’s also this gem (which I had been trying to find for a while now) from Angela Caputo on the website of nonprofit investigative news organization The Chicago Reporter back on December 19, 2013:

From January 2006 through August 2013, thousands of cases involving a weapons violation were thrown out in Cook County’s criminal courts, The Chicago Reporter found. More than 13,000 cases that included a gun violation have been dismissed during that period, shows the Reporter’s analysis of records maintained by the Clerk of the Circuit Court of Cook County. In fact, more felony cases involving a gun–from illegal possession to unlawful sale to a felon–have been thrown out than cases with any other type of charge…

(Editor’s note: Bold added for emphasis)

More gun “control” in the city after this Labor Day Weekend’s carnage? Please. That quote about insanity often attributed to Albert Einstein comes to mind here:

“Insanity- Doing the same thing over and over again and expecting different results”

As those with brains figured out a long time ago, it’s not the legal gun owners who are behind this violence (although they make convenient scapegoats for the politicians and their ilk). It’s the criminals, who for the most part don’t obtain firearms legally (University of Chicago Crime Lab survey) and who roam the streets of Chicago with impunity because gun laws already on the books aren’t being enforced on a regular basis for one reason or another (Chicago Reporter).

What those reasons are requires scrutiny going forward. Then again, it would also mean some people with the power to make a real difference here would have to grow cajones too…

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

Sources:

Main, Frank. “Survey: Crooks get guns from pals, don’t keep them long.” Chicago Sun-Times. 29 Aug. 2015. (http://chicago.suntimes.com/news/7/71/915770/university-chicago-survey-finds-crooks-get-guns-from-pals-dont-keep-them-long). 8 Sep. 2015.

Caputo, Angela. “Thousands of felony gun cases are being dismissed in Cook County criminal courts.” The Chicago Reporter. 29 Dec. 2013. (http://chicagoreporter.com/thousands-felony-gun-cases-are-being-dismissed-cook-county-criminal-courts/). 8 Sep. 2015.

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Tuesday, September 8th, 2015 Crime, Firearms, Government, Legal, Self-Defense Comments Off on Chicago: 54 Shot, 8 Killed Over Labor Day Weekend

Latest On Proposed Niles, Illinois, Gun Shop, Range

Regular Chicagoland readers of this blog know I’ve been following the proposed gun range/shop in northwest suburban Niles, Illinois, pretty much since the beginning. From what I gather, the facility is still bogged down in the legal system (go figure). Lee V. Gaines reported on the Chicago Tribune website yesterday:

An amended lawsuit against the village of Niles and the company that plans to open up a gun shop and range in the village was filed Monday, July 27, by a Skokie-based gun control advocacy group that aims to prevent the facility from locating within five miles of several schools.

The initial lawsuit, filed last October by the advocacy group People for a Safer Society, sought to annul a special-use permit approved last July by the Niles Village Board that would allow for the sale of firearms, an indoor firing range and gun safety training at a yet to be built facility at 6143 Howard St., in addition to preventing any such facility from opening up shop on that parcel of land in the future.

The group’s lawsuit, as previously reported by Pioneer Press, was dismissed without prejudice in June by Circuit Court of Cook County Judge Franklin Ulyses Valderrama.

To address the concerns outlined by Valderrama in his June ruling on the matter, Tony Hind, an attorney for the group, said the amended suit names the 6143 Howard Partners, the company that plans to open the gun shop and range dubbed Sportsman’s Club and Firearms Training, as a defendant alongside the village of Niles.

Hind said the new suit also lays out specific alleged damages that would result from the existence of such a facility in addition to outlining the harm the gun shop and range would pose to the general public…

As I’ve said in previous posts on the matter, here’s hoping for a favorable outcome on behalf of the Village of Niles and 6143 Howard Partners Inc.

You can read entire piece over on the Tribune website here.

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

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Niles, Illinois, Gun Range Saga Not Over?

Speaking of Cook County, there’s good and (possibly) bad news regarding that proposed gun range/shop in northwest suburban Niles, Illinois. While a Circuit Court of Cook County judge just dismissed that well-publicized lawsuit from the gun “control” crowd, more legal action appears forthcoming. Lee V. Gaines reported on the Chicago Tribune website on June 11:

Skokie-based gun control advocacy group plans to file an amended lawsuit against the village of Niles and the owner of a gun shop and range in what has been a nearly year-long attempt to prevent the facility from being built within one mile of five schools.

Circuit Court of Cook County Judge Franklin Ulyses Valderrama granted the village’s attorneys’ motion to dismiss the lawsuit at a hearing Thursday afternoon at the Richard J. Daley Center in Chicago.

But Valderrama dismissed the lawsuit without prejudice, meaning that the advocacy group, People for a Safer Society, has the opportunity to file an amended suit addressing several issues outlined in Valderrama’s written ruling, said the attorney for the group, Tony Hind…

(Editor’s note: Bold added for emphasis)

Regular readers of Survival And Prosperity know that I’ve been following status of the proposed Sportsman’s Club and Firearms Training Academy (gun shop and range) at 6143 Howard Street for some time now. Here’s hoping for a favorable outcome on behalf of the Village of Niles and 6143 Howard Partners Inc.

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

Source:

Gaines, Lee V. “Lawsuit over proposed gun range in Niles dismissed.” Chicago Tribune. 11 June 2015. (http://www.chicagotribune.com/suburbs/niles/news/ct-nhs-gun-range-hearing-tl-0618-20150611-story.html). 17 June 2015.

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Wednesday, June 17th, 2015 Firearms, Government, Gun Rights, Hunting, Legal, Self-Defense, Shooting Sports, Training Comments Off on Niles, Illinois, Gun Range Saga Not Over?

Niles Gun Shop, Range Lawsuit Decision Pushed Back To June

The drawn-out saga that is the proposed Sportsman’s Club and Firearms Training Academy (gun shop and range) at 6143 Howard Street in northwest suburban Niles is set to continue for at least another month. Richard Ray of the Pioneer Press (Chicago suburbs) reported on May 14:

The court date for an anticipated ruling on whether or not a gun range can be built in the village of Niles has been pushed back to June, according to information from the clerk of the Circuit Court of Cook County’s office.

This marks the second time Judge Franklin Ulyses Valderrama has motioned to take the case under advisement and push back the ruling, court records show…

(Editor’s note: Bold added for emphasis)

Regular readers may recall I’ve been following the Niles gun shop/range story for almost a year now. I blogged last month that Judge Valderrama was originally scheduled to make a ruling on April 14, but pushed a decision back until May 14.

Here’s hoping the judge rules in favor of the Village of Niles and 6143 Howard Partners Inc/Sportsman’s Club and Firearms Training Academy in June.

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

Source:

Ray, Richard. “Court date for Niles gun range decision pushed back again.” Pioneer Press. 14 May 2015. (http://www.chicagotribune.com/suburbs/niles/news/ct-nhs-gun-range-date-tl-0521-20150514-story.html). 19 May 2015.

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Wednesday, May 20th, 2015 Firearms, Government, Gun Rights, Hunting, Legal, Self-Defense, Shooting Sports, Training Comments Off on Niles Gun Shop, Range Lawsuit Decision Pushed Back To June

Niles Gun Shop, Range Lawsuit Decision Next Month?

Chicago-area firearm enthusiasts- here’s the latest regarding that proposed gun shop and range at 6143 Howard Street in northwest suburban Niles. Igor Studenkov reported on the Chicago Tribune website on Monday:

The fate of a lawsuit a Skokie-based gun control advocacy group filed against the village of Niles will be decided next month.

People for a Safer Society filed a lawsuit against the village on Oct 17, 2014, over the Village Board’s decision to grant a special use permit to Sportsman’s Club gun shop and firing range. In its lawsuit, the group sought to not only annul the permit, but to prohibit the village from granting a permit for any gun shop that wants to open on that piece of land.

In response, the village’s attorneys filed a motion to dismiss the lawsuit altogether.

Judge Franklin Ulyses Valderrama was originally scheduled to decide whether to grant the motion on April 14. But after listening to attorneys for both sides, he decided to take some time to consider it, and said he will issue a final decision May 14

(Editor’s note: Bold added for emphasis)

Regular readers may recall I’ve been following the Niles gun shop/range story since June of last year. Not surprisingly, the proposed facility encountered obstacles early on.

That being said, a concealed-carry training facility- Concealed Carry Safety for Personal Defense Inc– was able to open its doors last year in the near-northwest suburb.

Good luck to the Village of Niles and 6143 Howard Partners Inc/Sportsman’s Club and Firearms Training Academy in May.

You can read Studenkov’s entire piece (nice legal roundup) on the Tribune website here.

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

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Wednesday, April 22nd, 2015 Firearms, Government, Gun Rights, Legal, Self-Defense, Training Comments Off on Niles Gun Shop, Range Lawsuit Decision Next Month?

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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Wednesday, March 18th, 2015 Crime, Firearms, Government, Gun Rights, Legal, Self-Defense, Shooting Sports, Training Comments Off on Proposed Niles, Illinois, Gun Shop And Range Back In Court On April 14
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