Jump to content


Photo

Ezell v Chicago - New info

Ezell

  • Please log in to reply
148 replies to this topic

#1 RacerDave6

    Member

  • Supporting Members Team
  • 3,324 posts
  • Joined: 16-March 07

Posted 29 September 2014 - 08:47 PM

Just got this e-mail from the ISRA.

 

ISRA Informational Alert - September 29, 2014  
 

Another Favorable Decision for ISRA - Ezell v Chicago

 

In Federal Court today, Judge Virginia Kendall gave a favorable decision in Ezell v Chicago, the case that challenges Chicago's ban on firing ranges that are open to the public, and the new city ordinances as a result of this case that establish a de-facto ban on any ranges.

 

Further analysis of this case will follow.

 

A PDF copy of the decision is downloadable from the ISRA website.  

 


Firearms are not a talisman against evil. When used properly, they are an antidote to evil. T.Dunn

"Shoot the bad guy and keep shooting him until he stops doing whatever it
was that got him shot in the first place."


Match Director-IDPA at ASC
United States Riflemans Asscn instructor
NRA Certified instructor
NRA & ISRA member
Illinois Firearm Concealed Carry License instructor

#2 domin8

    Member

  • Members
  • 6,708 posts
  • Joined: 27-June 13

Posted 29 September 2014 - 08:52 PM

I just got the email on this too. Does this impact Highland Park too, or is that a different district? Highland Park has a ban on shooting ranges. Iirc, it's Chapter 134 of the Highland Park ordinances.
Uinta Firearms Training, Inc.
a subsidiary of Uinta Preparations, Corp.

Supporting Member
NRA Life Member
ISRA Member
USCCA Member
SAF Member
NRA Basic Pistol Instructor
NRA Basic Rifle Instructor
NRA Basic Shotgun Instructor
NRA Personal Protection Inside the Home Instructor
Utah Concealed Firearms Permit Instructor

NRA Range Safety Officer


Training@UintaFirearms.com

#3 Marie

    Lizzie's Bennet's alter ego

  • Supporting Members Team
  • 4,117 posts
  • Joined: 14-December 12

Posted 29 September 2014 - 09:01 PM

This case only addressed.Chicago's ordinances.

I just read the decision. Chicago's ordinance limiting a range only to property zoned industrial was ruled unconstitutional.

"For what do we live, but to make sport for our neighbours, and laugh at them in our turn?" Jane Austen, Pride and Prejudice

 

NRA Certified Range Safety Officer

NRA Life member

Member: ISRA, SAF


#4 BrowningHP

    Member

  • Members
  • 1,582 posts
  • Joined: 05-February 13

Posted 29 September 2014 - 09:03 PM

So the city officials opposed the approval of gun ranges because the "movement of" guns and ammunition through the area both pose a public health and safety risk, AND also "creates a potential for criminal activity".

 

Without explaining why or providing any rational argument behind that "fear"



#5 transplant

    Member

  • Members
  • 2,377 posts
  • Joined: 14-May 13

Posted 29 September 2014 - 09:21 PM

There's some gems in there, and some real piles of stinky-poo.

 

The 500 foot rule and the 'minors are not protected by the 2nd' are my least favorite, followed by the promulgating arbitrary administrative rules.

 

The commercial+industrial part is fantastic, as well as striking the hours of operation limitations.


Edited by transplant, 29 September 2014 - 09:35 PM.

Hillary Clinton is an "Original Classification Authority" - she knows exactly what she did with her emails.

 

(4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage.

 

Sec. 1.2. Classification Levels.

 

(a) Information may be classified at one of the following three levels:

 

(1) “Top Secret” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe.

(2) “Secret” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the national security that the original classification authority is able to identify or describe.

(3) “Confidential” shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe.

 

(tt) “Violation” means:

(1) any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized disclosure of classified information;

 

http://www.thegatewa...on-home-server/


#6 officedrone

    With Liberty and Justice for all

  • Members
  • 3,477 posts
  • Joined: 28-June 12

Posted 29 September 2014 - 09:36 PM

The Sergeant Kevin Johnson testimony is hilarious.


“By concord little things grow great, by discord the greatest come to nothing.”
-Roger Williams

 

Second Amendment Foundation Life Member


#7 Indigo

    Just another silver-haired devil

  • Supporting Members Team
  • 3,181 posts
  • Joined: 30-April 11

Posted 29 September 2014 - 09:43 PM

I just got the email on this too. Does this impact Highland Park too, or is that a different district? Highland Park has a ban on shooting ranges. Iirc, it's Chapter 134 of the Highland Park ordinances.

Lake and Cook County are both in Northern District of Illinois.


  • They say a little knowledge is a dangerous thing, but it’s not one half so bad as a lot of ignorance

#8 s0beit

    Member

  • Members
  • PipPipPipPipPipPipPipPip
  • 424 posts
  • Joined: 27-February 13

Posted 30 September 2014 - 01:29 AM

I am dreaming of a day where I can just walk to the range and save on gas



#9 rubicon

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 761 posts
  • Joined: 05-March 14

Posted 30 September 2014 - 03:23 AM

CONGRATULATIONS to the Victors! I met Rhonda Ezell at the Chuck's Gun Shop Rally, Great Lady, Great Patriot...You ROCK Rhonda!



#10 Hap

    Member

  • Supporting Members Team
  • 1,659 posts
  • Joined: 16-May 13

Posted 30 September 2014 - 05:16 AM

Niles Moms, are you taking all of this in?


Ad utrumque paratus


#11 BIGDEESUL

    Member

  • Members
  • 7,040 posts
  • Joined: 02-January 13

Posted 30 September 2014 - 06:24 AM

I sat next to Rhonda at the GRPC. Wonderful woman, with a great sense of humor.

Supporting member
NRA Endowment Member

IALEFI Member/Instructor
Certified Illinois Concealed Carry Instructor
NRA certified Pistol Instructor
NRA certified Personal Protection Inside The Home Instructor

NRA certified Personal Protection Outside The Home Instructor
NRA certified Chief Range Safety Officer
NRA certified Home Firearm Safety Instructor
 


#12 Tango7

    Member

  • Members
  • 4,641 posts
  • Joined: 06-November 08

Posted 30 September 2014 - 06:39 AM

The Sergeant Kevin Johnson testimony is hilarious.


Their level of "humor" is right up there with Lieutenant Clark and Sergeant Thompson of the ISP.
You will not 'rise to the occasion', you will default to your level of training - plan accordingly.

Despite their rallying around us at election time, honoring only 8 hours of Illinois' 40+ hour law enforcement class towards a 16 hour requirement shows the contempt that our elected officials hold us in.

#13 Nanook

    Member

  • Supporting Members Team
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 917 posts
  • Joined: 10-May 11

Posted 30 September 2014 - 07:03 AM

A meeting of the Chicago city council also "creates a potential for criminal activity". This has been shown time and again over the decades. 

 

Hopefully, this case will put an end to this nonsense from Tiny Dancer and his minions. Or will they simply try another ambulance chasing tactic as usual? 



#14 RonOglesby - Now in Texas

    Member

  • Supporting Members Team
  • 1,277 posts
  • Joined: 07-September 12

Posted 30 September 2014 - 08:59 AM

One of my favorite quotes from this that really demonstrate that this City (and the state) often think no-one, anywhere, knows anything about guns but them...

 

In talking about zoning:

Neither Scudiero nor anyone from her department researched zoning ordinances on firing ranges in other cities.

 

 

Imagine that. You are tasked to create new regs for zoning from scratch and never even looked at what other cities do... (or you lied to the court to ensure you didnt have to say that other cities dont do this crap) 


Contrary to popular opinion, no one owes you anything.

#15 xd9subcompact

    Member

  • Members
  • 1,312 posts
  • Joined: 28-April 09

Posted 30 September 2014 - 10:43 AM

Either way, investigated or not, lied or not, they are just doing Rahm, et. al.'s biddings.



#16 Sigma

    Member

  • Members
  • 2,938 posts
  • Joined: 13-August 09

Posted 30 September 2014 - 03:58 PM

wait til you see the ordinance they come up with next. they will never quit


Exodus 22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed.

Gun control is not about guns, it's about control. Once they have all the guns, they'll also have complete control.-Abolt

Guns kill people just like beds get girls pregnant.

#17 officedrone

    With Liberty and Justice for all

  • Members
  • 3,477 posts
  • Joined: 28-June 12

Posted 30 September 2014 - 07:54 PM

They will allow commercial and industrial, but increase the 500 foot rule to 5000 feet. :pinch:


“By concord little things grow great, by discord the greatest come to nothing.”
-Roger Williams

 

Second Amendment Foundation Life Member


#18 BadWaterBill

    Member

  • Members
  • 2,487 posts
  • Joined: 03-May 08

Posted 06 October 2014 - 12:03 AM

I sat next to Rhonda at the GRPC. Wonderful woman, with a great sense of humor.

You may have sat next to that healthy and great young lady for one day.

 

Now ask her what she gave me both Saturday AND Sunday.

 

What a great young lady.



#19 C0untZer0

    Member

  • Members
  • 11,822 posts
  • Joined: 14-October 11

Posted 06 October 2014 - 05:17 AM

when it comes to the Second Amendment, Chicago has a history of making stupid and expensive decisions in the wake of every legal defeat.

 

It is a cycle that I don't expect to change.


People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
 
- George Orwell -

 


#20 DoktorPaimon

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 871 posts
  • Joined: 06-January 13

Posted 06 October 2014 - 08:53 AM

when it comes to the Second Amendment, Chicago has a history of making stupid and expensive decisions in the wake of every legal defeat.

 

It is a cycle that I don't expect to change.

 

Hey, you never know, somebody's uncle might own an industrial zoned warehouse 802 feet from a school or park. As much as Chicago has a history of making stupid decisions, I suspect they're vetting potential kickbacks right now so they know exactly how to craft a law that only Cousin Tony can comply with.



#21 DD123

    Freedom Lover

  • Supporting Members Team
  • 7,634 posts
  • Joined: 03-January 14

Posted 06 October 2014 - 02:18 PM

Chicago will come up with some sort of "amusement tax" that'll be completely outrageous.  

 

Just like gun shops opening in the city, I will tip my hat to anyone that decides to open either a gun shop or shooting range in the City of Chiraq.  

 

That just sounds like a headache that I would not ever want to deal with.  


Force and intimidation are the tools of tyrants.  - Ron Paul

 

If Democrats quit shooting people, "gun violence" would go down by 80%.......

 

Taxation is theft

 

"Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny" - Thomas Jefferson


#22 BadWaterBill

    Member

  • Members
  • 2,487 posts
  • Joined: 03-May 08

Posted 06 October 2014 - 02:43 PM

Believe it or not there was a gun smith and shop in the Roseland community even after R J Daley had been in office for at least 8 years.



#23 lockman

    Member

  • Supporting Members Team
  • 7,433 posts
  • Joined: 07-July 06

Posted 06 October 2014 - 03:46 PM

Chicago will come up with some sort of "amusement tax" that'll be completely outrageous.  

 

Just like gun shops opening in the city, I will tip my hat to anyone that decides to open either a gun shop or shooting range in the City of Chiraq.  

 

That just sounds like a headache that I would not ever want to deal with.  

 

An amusement tax assessed to practice proficiency in the exercise of a fundamental right does not pass the smell test.

 

Hello East Dundee?


"We must, indeed, all hang together, or most assuredly we shall all hang separately."
-- Benjamin Franklin, 1776

Life Member NRA, ISRA,  CCRKBA, GOA, & SAF


#24 johnsxdm

    Member

  • Supporting Members Team
  • 1,089 posts
  • Joined: 09-December 12

Posted 06 October 2014 - 10:20 PM

At Article 2 in Lombard, you pay an "amusement tax" to the city when using the range.

#25 Tango7

    Member

  • Members
  • 4,641 posts
  • Joined: 06-November 08

Posted 09 October 2014 - 09:13 PM

So the city officials opposed the approval of gun ranges because the "movement of" guns and ammunition through the area both pose a public health and safety risk, AND also "creates a potential for criminal activity".
 
Without explaining why or providing any rational argument behind that "fear"


Here are some excerpts from the Moore decision by the 7th. You can extrapolate the "arguments" the state presented pretty easily:

And because fewer than 3 percent of gun-related deaths are from accidents, Hahn et al., supra, at40, and because Illinois allows the use of guns in hunting and target shooting, the law cannot plausibly be defended on the ground that it reduces the accidental death rate, unless it could be shown that allowing guns to be carried in public causes gun ownership to increase, and we have seen that there is no evidence of that.
<snip>
And a ban as broad as Illinoiss cant be upheld merely on the ground that its not irrational.
<snip>
A blanket prohibition on carrying gun in public prevents a person from defending himself anywhere except inside his home; and so substantial a curtailment of the right of armed self-defense requires a greater showing of justification than merely that the public might benefit on balance from such a curtailment, though there is no proof it would....And empirical evidence of a public safety concern can be dispensed with altogether when the ban is limited to obviously dangerous persons such as felons and the mentally ill.
<snip>
There is no suggestion that some unique characteristic of criminal activity in Illinois justifies the states taking a different approach from the other 49 states. If the Illinois approach were demonstrably superior, one would expect at least one or two other states to have emulated it.
<snip>
The key legislative facts in this case are the effects of the Illinois law; the state has failed to show that those effects are positive.
<snip>
. Illinois had to provide us with more than merely a rational basis for believing that its uniquely sweeping ban is justified by an increase in public safety. It has failed to meet this burden.


As you can see, rationality has little to do with {D}a gun grabber mindset in this state.
You will not 'rise to the occasion', you will default to your level of training - plan accordingly.

Despite their rallying around us at election time, honoring only 8 hours of Illinois' 40+ hour law enforcement class towards a 16 hour requirement shows the contempt that our elected officials hold us in.

#26 solareclipse2

    Member

  • Members
  • 1,875 posts
  • Joined: 07-January 13

Posted 10 October 2014 - 06:34 AM

 

when it comes to the Second Amendment, Chicago has a history of making stupid and expensive decisions in the wake of every legal defeat.

 

It is a cycle that I don't expect to change.

 

Hey, you never know, somebody's uncle might own an industrial zoned warehouse 802 feet from a school or park. As much as Chicago has a history of making stupid decisions, I suspect they're vetting potential kickbacks right now so they know exactly how to craft a law that only Cousin Tony can comply with.

 

 

Yeah watch how quick they re-zone that space out from under him or buys his place under eminent domain for the "fair price" of the land/building.


I WILL LOSE EVERY ARGUMENT FROM NOW ON, I WILL WALK AWAY FROM EVERY FIGHT OR CONFRONTATION, I WILL TAKE THE HIGH ROAD.

#27 DoktorPaimon

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPipPip
  • 871 posts
  • Joined: 06-January 13

Posted 11 October 2014 - 09:04 AM

 

 

when it comes to the Second Amendment, Chicago has a history of making stupid and expensive decisions in the wake of every legal defeat.

 

It is a cycle that I don't expect to change.

 

Hey, you never know, somebody's uncle might own an industrial zoned warehouse 802 feet from a school or park. As much as Chicago has a history of making stupid decisions, I suspect they're vetting potential kickbacks right now so they know exactly how to craft a law that only Cousin Tony can comply with.

 

 

Yeah watch how quick they re-zone that space out from under him or buys his place under eminent domain for the "fair price" of the land/building.

 

Nah, then they're stuck without a kickback. This is Chicago, principles are just complicated price tags.



#28 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 14,401 posts
  • Joined: 18-April 05

Posted 28 September 2015 - 05:27 PM

Alan Gura reported at the Gun Rights Policy Conference that appeals in Ezell vs Chicago will be heard on Nov. 4th.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#29 chislinger

    Member

  • Supporting Members Team
  • 5,270 posts
  • Joined: 21-November 13

Posted 28 September 2015 - 05:35 PM

In Federal Court today, Judge Virginia Kendall gave a favorable decision in Ezell v Chicago, the case that challenges Chicago's ban on firing ranges that are open to the public, and the new city ordinances as a result of this case that establish a de-facto ban on any ranges.

Heh, I just noticed who the judge was. I had federal jury duty last November, and Kendall was the judge in the case I heard. After the trial she invited all us jurors to her chambers to talk about the case or anything else we wanted, and I remember thinking she'd be a good judge to hear firearms cases because she had lots of pics of wildlife in her chambers, I figured her for at least someone who had a lot of hunters in her family. I never asked her about gun rights though.

eta: Federal judges have spectacular chambers btw!

Edited by chislinger, 28 September 2015 - 05:38 PM.

"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#30 Mr. Fife

    Nip it

  • Members
  • 12,684 posts
  • Joined: 03-July 10

Posted 28 September 2015 - 05:41 PM

The city is appealing?

Have all boated who fish?
Have all boated who fish?
Have all boated who fish?

 

 





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users