120 replies to this topic

[Tvandermyde]

http://chicago.cbslo...mit-was-denied/

CHICAGO (STMW) — A man filed a lawsuit Thursday claiming that his constitutional right to bear arms was violated when he was denied a Chicago firearm permit.

Shawn Gowder claims that he lives in a high crime area of Chicago and wished to keep a handgun in his home for self-defense, according to a lawsuit filed in Cook County Circuit Court. He already holds a state firearm owner’s identification card.

The suit claims that he filed Nov. 1, 2010 for a city firearm permit but was denied by the city’s Department of Administrative Hearings because he had a 1995 misdemeanor conviction for possessing a firearm on a public street. Gowder has never been convicted of a felony, according to the suit.

Gowder contested the decision claiming that denying a permit based solely on a prior misdemeanor conviction violated his fundamental right to keep and bear arms under the second and fourteenth amendments to the U.S. Constitution, according to the suit.

The suit claims that Gowder received a decision in the mail affirming the earlier denial.

The three-count suit seeks a reversal of the decision and an order to the Chicago Police to issue Gowder a firearm permit. The suit claims judicial review, declaratory judgment and injunctive relief.

The suit also names the city of Chicago, Scott Bruner, director of the city’s Department of Administrative Hearings, the Chicago Police and its superintendent Jody Weis.

The suit seeks attorney’s fees, court costs, and other relief.

A spokesperson for the city’s legal department was not immediately available for comment.

[vess1]

Sounds good.  Maybe the courts need to be flooded with these cases to see that changes need to be made to laws for the sake of their time.

[Gary]

He should also file to have the previous misdemeanor expunged since the law of which he was convicted has now been shown to be unconstitutional.

[GarandFan]

Who filed this case?  Who is supporting it?  Is that yet known?

[Tvandermyde]

Me thinks it's being supported by NRA.

just a hunch

[mikew]

Shawn Gowder spoke at SAFR this year.

[Davey]

Here's hoping for another mark in the Wins column.

[gingersnap1170]

I agree.

vess1, on 27 January 2011 - 09:22 PM, said:

Sounds good. Maybe the courts need to be flooded with these cases to see that changes need to be made to laws for the sake of their time.

[05FLHT]

Quote

Gowder contested the decision claiming that denying a permit based solely on a prior misdemeanor conviction violated his fundamental right to keep and bear arms under the second and fourteenth amendments to the U.S. Constitution, according to the suit.

This will be an interesting case in light of the 4th Circuits holding in Chester. Is there a copy of the complaint available yet?

[Xwing]

Based on the remarks by Todd and Mike, I assume he’s a good guy who’s simply run afoul of an unconstitutional law.  Look forward to the results of this suit.

[Molly B.]

He is a great guy and works hard for Second Amendment rights.
You may have met him if you came to the second meeting we had with Todd at the Italian restaurant.  He was there with his cousin.

[05FLHT]

Does anybody have a copy of or a link to the actual complaint?

[Mrs. Federal Farmer]

Here's a copy of the complaint:

Attached Files

•  Scan - Shawn Gowder v Chicago 01-12-11.pdf   4.5MB   174 downloads

[Mrs. Federal Farmer]

Xwing, on 28 January 2011 - 01:09 PM, said:

Based on the remarks by Todd and Mike, I assume he’s a good guy who’s simply run afoul of an unconstitutional law.  Look forward to the results of this suit.

Now let me add my remarks about Shawn to those of Molly, Mike and Todd:

He is a good guy. In fact, he's a pretty *great* guy. He's extremely involved in community safety and awareness, stemming the growing tide of violence. He speaks eloquently and with infectious passion about Chicago's second amendment disparity and he speaks often: Every time I go to a community meeting or town hall meeting or police march or what have you -- there he is, with the same thing in mind. It got to the point where we joke that we should just carpool together.

He is vice president of the post-ban organization http://chicagofirear...ssociation.org.

As to the misdemeanor? Well, I can't give non-public details during the case without his lawyer's permission, but if you read, in the complaint, his reason for wanting a firearm now, you've pretty much got the picture of the misdemeanor. It was 16 years ago, and he lived in the same crime-ridden neighborhood, and did not "use" the firearm in question in any manner that you or I would call a definition of the word "use".  I'm hoping that 15-year-old story gets public soon, as I consider it a vital part of the complaint.

What's more public, though, is the fact that he stopped for cigarettes at a gas station near his home one night, and his minivan was shot full of holes during that stop. What did he do to deserve it? Just got out of the car, walked into the station and walked back to the car. It was a typical "reason" to get shot in his area and, for all I know, it still is. The story is a public one because he drove around in that van for years, refusing to have it repaired, so that others would know the extent of the dangers he and his neighbors face daily.

He's courteous, chivalrous and an enviable role model in any community, and I've never met anyone who didn't like him within 2 minutes flat.

Here's hoping you all get to meet him sometime -- he's one of the good guys, no doubt at all!

[Lou]

Molly B., on 28 January 2011 - 01:34 PM, said:

He is a great guy and works hard for Second Amendment rights.
You may have met him if you came to the second meeting we had with Todd at the Italian restaurant.  He was there with his cousin.

It sounds like he's one of the "Good Guys."
Is he a member here?

[Tvandermyde]

A couple of the bills we introduced this year were inspried by Shawn. As a matter of fact I plan on having Shawn testify at the hearings.

I can't wait to see the Chicago Lobbyists stand up and justify their ordinace.

I said Shawn is one of the good guys, Ms. FF is correct that Shawn is a great guy. I have enjoyed getting to know shawn and look forward to having him by my  side  during this session and fight.

[Molly B.]

Shawn works closely with our Dr. G in all the events and efforts we have going in the Chicago area. He spoke at our SAFR rally in downtown Chicago this past year and has done media interviews for us.

[Federal Farmer]

By the way, here is a link to the court docket for Shawn's case.

[mstrat]

Federal Farmer, on 04 February 2011 - 09:50 AM, said:

By the way, here is a link to the court docket for Shawn's case.

August court date? My, how the wheels of justice grind slowly.

[Sigma]

I think I know him, doeas anyone have pictures of him from the SAFR rally

[Silver Guardian]

Ask and you shall receive.



~ There's been some confusion on this...  Silver Guardian's signature below is not part of this post, nor is it directed towards the individual pictured.  Sorry for the confusion.  Templar

[USAG]

Are you saying he is the ENEMY? " silver guardian"

[Federal Farmer]

USAG, on 21 March 2011 - 08:02 PM, said:

Are you saying he is the ENEMY? " silver guardian"

That is simply Silver Guardian's signature line, not related to the picture or topic.

[ishmo]

USAG, on 21 March 2011 - 08:02 PM, said:

Are you saying he is the ENEMY? " silver guardian"

Just asking but how did you go from SG posting Shawn's picture in response to a request to the "ENEMY" comment? FYI I spoke to the "enemy" as you refer to the man after he spoke and he seemed like a pretty decent guy to me.

[Federal Farmer]

ishmo, on 21 March 2011 - 08:56 PM, said:

USAG, on 21 March 2011 - 08:02 PM, said:

Are you saying he is the ENEMY? " silver guardian"

Just asking but how did you go from SG posting Shawn's picture in response to a request to the "ENEMY" comment? FYI I spoke to the "enemy" as you refer to the man after he spoke and he seemed like a pretty decent guy to me.

I can see how a misunderstanding can come about if someone isn't familiar with the forum world and signature lines and such.

[Howard Roark]

OK. But I like that IGOLD shirt he's wearing.  Seriously.  Did Shawn speak at SAFR 2 years ago?  I missed last year, attended the prior year.  Maybe Shawn spoke 2 years in a row?

[junglebob]

Federal Farmer, on 21 March 2011 - 08:25 PM, said:

USAG, on 21 March 2011 - 08:02 PM, said:

Are you saying he is the ENEMY? " silver guardian"

That is simply Silver Guardian's signature line, not related to the picture or topic.

Since Silver Gardian's signature line is larger than most of ours and the size of the other text in his posting reply it seems to have been mistaken as refering to Shawn's picture. I am sure that is not the case.

Shawn should really include in his case something for "pain and suffering" imagine having your van riddled with holes and knowing you can't protect yourself with a firearm even in your own home. That would be mental suffering for me.

[Sigma]

Yes I do know him, he is a good guy, 100% on our side and he will represent us well.
Thanks for the pic silver

[Don Gwinn]

Very good guy, forceful speaker, and really wired into the politics in his part of Chicago, too.  He knows which alderman has his nephew working in which other alderman's office and why, and he holds their feet to the fire.  I was impressed.

[USAG]

This Case has been moved to The U.S Northern District Court (11CV1304)