Federal Judge Denies Chicago Motion in Gun Shop Case
BELLEVUE, WA – A federal court judge in Illinois has denied a City of Chicago motion for summary judgment and refused to dismiss a case challenging a ban of firearms sales within city limits that is backed by the Second Amendment Foundation.
It is the latest in a string of court battles between Chicago and SAF, causing SAF founder and Executive Vice President Alan M. Gottlieb to observe, “We’ve already beat Chicago three times, in the McDonald case before the Supreme Court, and both Ezell 1 and Ezell 2 before the federal court of appeals. I’m reminded of the folk song by Peter, Paul and Mary that asked, ‘When will they ever learn’?”
The case involves a proposed gun shop called Second Amendment Arms (SAA), owned by R. Joseph Franzese, who submitted an application for a business license in July 2010. The city contends that the application was for an address in an area not zoned for commercial use, but Franzese argues that he was not advised about the zoning and that it had been advertised as commercial property. Besides, he contended that the city’s prohibition on gun sales “would have blocked (their) efforts no matter where (they) chose.”
“The City of Chicago under Rahm Emanuel is trying to be too clever by half,” Gottlieb said. “We would have thought by now that they would have ceased this pattern of spending tens of thousands of taxpayer dollars on stubborn litigation, but the city seems determined to be dragged kicking and screaming into compliance with the Second Amendment.
U.S. District Court Judge Robert M. Dow, Jr., set Sept. 28 as the next date to discuss damages for the plaintiff in this case, which is known as Second Amendment Arms v. City of Chicago.
“Since losing its gun ban fight in the Supreme Court’s 2010 McDonald ruling,” Gottlieb noted, “Chicago has been digging its heels in deeper and deeper, throwing every kind of legal roadblock it could in an effort to delay what seems inevitable. The city has got to follow the law and the constitution, and as long as they keep fighting, we’ll keep suing.
“That’s what winning firearms freedom one lawsuit at a time is all about,” he concluded.
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.