Ezell v. Chicago (Gun Range) update

[Fyathyrio]

Yep. Delay, deter, deny.

You forgot the fourth "D"...Daley.

[Al Norris]

If you have read the MTD (filed 10-08, #67 on the docket), contrast and compare the the current denial... You will see that Judge Kendall has just set up the reasoning to be used to grant Chicago the MTD.

The MTD hearing will be tomorrow.

[FABIO GETS GOOSED!!!]

What happened to this judge in the weeks that passed since the first motion for preliminary injunction? It's like it's not even the same judge. She was cautioning the defendants that in the "very very near future" that injury could occur, etc.

Judges say things to try to promote settlement / make cases go away. The City didn't bite.

[dwlawson]

Seems like plaintiffs failed to demonstrate the 'chilling effect' of banning ranges and any evidence of the 1000s of residents unable to get their CFP in a timely fashion because of the fact that most gun owners in Chicago have chosen to ignore the process entirely.

However, fear of being exposed as violating the gun ownership ban by expressing their desire but inability to acquire a CFP is, in fact, chilling lawful gun ownership.

I wonder why the mere fact that there is over 100,000 FOID (Firearm Owner ID) cards registered to Chicago residents and there is no way for 100,000 people to acquire the necessary training in the time alotted. Also, since there are only 100s of people who have acquired the CFP, there must therefore be 99,900 people who are now in violation, assuming they all own guns.

I know of individuals who have abandoned their previously registered guns because the new process was too intrusive.

It is a likely fact that, post-McDonald, there are now fewer lawful gun owners in Chicago than there were before.

EDIT: removed the extra '9' in my estimation of those now in violation. Sorry.

[dantodd]

I know of individuals who have abandoned their previously registered guns because the new process was too intrusive.

It is a likely fact that, post-McDonald, there are now fewer lawful gun owners in Chicago than there were before.

If this could be proven it would be kryptonite to Chicago gun laws.

[wash]

That a judge could ignore the first and second amendments so blatantly is sickening to me.

I hope that the correct appeal decision rightly lambasts Ms. Kendall for this piece of crap.

[LockJaw]

Her Bio listed here sure lends one to expect the Judge to rule with the prevalent Chicago establishment. Like I stated ealier, I doubt she wants to left off the A Party and Charity Ball List.

Part-time Faculty

The Honorable Virginia M. Kendall

http://www.calguns.net/calgunforum/showthread.php?t=336622&page=5

Biography
Judge Kendall was appointed to the federal bench in January 2006. Prior to her appointment she worked at the United States Attorney's Office in Chicago for over ten years where she served as Deputy Chief in the Criminal Division, Child Exploitation Coordinator, and Coordinator of Project Safe Neighborhoods. Prior to working with the United States Attorney's Office, Judge Kendall clerked for Hon. George Marovich in the Northern District of Illinois. She currently serves on the Codes of Conduct Committee for the federal judiciary, the Seventh Circuit's Civil Jury Instruction Committee, and has sat with both the Seventh Circuit and the Federal Circuit Courts of Appeal as a visiting judge.

Judge Kendall has been an adjunct professor at Loyola University School of Law for the past fifteen years and an adjunct professor of law at Northwestern University Law School for the past four years. She has published law journal articles on a variety of topics including child molestation statutes and community reform projects. She currently lectures extensively in the areas of electronic discovery, internet and computer investigations, intellectual property case management, ethics, and victims&rs' rights. She has traveled to Nairobi, Kenya where she has trained investigators, trial attorneys, and judges how to effectively use the recently-enacted Kenyan public corruption laws and sexual offense laws. She has lectured at Cornell University on human trafficking as part of the Avon Global Center for Women and Justice, served as a delegate to the Vital Voices Global Partnership to End Violence Against Women international summit, and spoke at the Inaugural Conference of the Avon Global Center's Symposium on Post Conflict Violence Against Women. She has traveled to Zambia to teach judges there about crimes against women and will travel later this year to continue her training on anti-human trafficking laws and procedures through the State Department and Lawyers without Borders.

As a trial attorney, Judge Kendall tried a variety of federal jury trials involving white collar fraud, insurance fraud, police corruption, public corruption, child molestation and racketeering. While a federal prosecutor, she served on the United States' Attorney General's National Advisory Committee responsible for reviewing all nationwide child exploitation investigations and coordinated the federal program Project Safe Neighborhoods designed to reduce gun violence within the city of Chicago.
Judge Kendall has participated in a number of service projects that support high school students, including moderating service trips to Peru, establishing trial training programs in both Chicago Public Schools and the federal courts, and developing awareness and support programs to curb gun violence and aid offender re-entry into the community. She opens her courtroom regularly to students from around the Chicago area where she enjoys teaching them about the judicial system. She tutors inner-city students after hours and continues to make public presentations to encourage professionalism in the field and to support underprivileged children who seek to gain a legal education. She was awarded the Chicago Crime Commission's Star of Distinction Award for her work in law enforcement, Loyola University Law School's Robert Bellarmine Award for her distinguished legal and service contributions to the community, the Rape Victim Advocates Visionary Award in recognition of her work on behalf of survivors of sexual assault and abuse, and DePaul University School of Law’s Women and Gender Right’s Leadership Award.

Judge Kendall received her undergraduate and masters degrees from Northwestern University and her law degree from Loyola University School of Law.

Education: B.A., Northwestern University, 1984
M.A., Northwestern University, 1987
J.D., Loyola Chicago, 1992

Present Position: Judge in the United States District Court, Northern District of Illinois

Course taught: Federal Criminal Prosecution Seminar
Trial Practice I

[jpr9954]

The transcripts will be enlightening once released.

I expect a prompt appeal.

-Gene

An appeal was filed on Friday, Oct. 29th to the 7th Circuit.

http://onlygunsandmoney.blogspot.com/2010/10/appeal-filed-in-ezell-case.html

[OleCuss]

Thank you for the info. Looks like we're supposed to have appellant briefs by the 7th of December.

[press1280]

Of course, the judge will do that only in some non-binding way, such that if Illinois actually does pass a law and the resulting lawsuit manages to find its way to her court, she'll somehow manage to rule that the plaintiffs' core rights aren't being violated.

I somehow suspect such judges take, with respect to fundamental rights they don't like, the viewpoint that if it is at all possible for you to exercise or arrange to exercise the right in question, then your rights have not been infringed.

Exactly. If this were a 1st Amendment case, the City has to prove the ban is absolutely necessary, and can't simply tell someone that they can exercise the 1st Amendment outside the city.
But the 2nd Amendment can be regulated into the dust, and it's OK as long as the ban isn't 100% total. So if you have to make 100 trips outside the city for training, fingerprints, ballistics test, it's a "reasonable regulation". SCOTUS will have to set a standard of scrutiny, because the lower courts are really screwing around with this and still are trying to treat the 2A as a privilege.