Ezell, Chi Range Ban, Appeal filed

[hoffmang]

Today SAF, ISRA, and Alan Gura filed this opening brief in the appeal of Ezell v. Chicago.

I'll have the appendix to add to it shortly.

-Gene

[freonr22]

you guys always burn the midnite oil. really. you brandon, obey, brett and the crew always start posting the juicy stuff @ 1130pm-3am.

Thank you for allowing me to witness this beautiful work!

[Dr Rockso]

For example, [Former Chicago Police Range Master] Bartoli believes gun ranges should have secured parking, be surrounded by opaque fencing, and have a separate area for the loading of firearms apart from the shooting area. App. 110-12. Adoption of such regulations would risk additional litigation, but the point is moot as Chicago lacks such regulations.

I am unfamiliar with this concept...is he talking about clearing barrels and such for safely loading/unloading? Why would a separate area be needed? Sounds like the sort of thing you might find in areas where guns are handled but not fired, but seems useless at a gun range.

[Paul S]

A reading of the issue statement makes it abundantly clear that Chicago is figuratively flipping off the U.S. Supreme court.
This is an immensely interesting case to follow. Hopefully, when the issue is finally adjudicated not only will Chicago be slapped down by the court but it will also be ordered to pay the appropriate attorneys fees.

What a bunch of maroons

[pitchbaby]

A reading of the issue statement makes it abundantly clear that Chicago is figuratively flipping off the U.S. Supreme court.
This is an immensely interesting case to follow. Hopefully, when the issue is finally adjudicated not only will Chicago be slapped down by the court but it will also be ordered to pay the appropriate attorneys fees.

What a bunch of maroons

We talk big on following it now.... But I doubt this will be resolved in "Two Weeks".

All I have to say is... GO ALAN!

[hoffmang]

you guys always burn the midnite oil. really. you brandon, obey, brett and the crew always start posting the juicy stuff @ 1130pm-3am.

I call this the pre-midnight oil. Don't even ask about the hours that Mr. Gura keeps...

-Gene

[chewy352]

Mr. Gura makes Chuck Norris cry. He is that awesome!!!

[drd]

The city argues that public safety allows them to bar the concentration of individuals with firearms in one location (the bottom of page 15).

Is there an opportunity to argue additional 1st amendment issues related to the right of assembly - going beyond free speech associated with training? At what point were we limited to exercising a single right at a time? Exercise of a right enshrined in the 2nd amendment shouldn't preclude the exercise of any other right.

[eaglemike]

The city argues that public safety allows them to bar the concentration of individuals with firearms in one location (the bottom of page 15).

Is there an opportunity to argue additional 1st amendment issues related to the right of assembly - going beyond free speech associated with training? At what point were we limited to exercising a single right at a time? Exercise of a right enshrined in the 2nd amendment shouldn't preclude the exercise of any other right.

Goodness! If they were ever around a match, they'd have a heart attack! Wait - is this a bad thing? Sounds like there is no way one could engage in legal recreational shooting, match style, in Chicago.....

[yellowfin]

The city argues that public safety allows them to bar the concentration of individuals with firearms in one location (the bottom of page 15)

Well gee, the simplest solution to that is to have lots of ranges then, so they don't have to all be at the same one! Also have a simple and cheap CCW system so all the armed citizens can be in thousands of places at once instead of only armed when at the range.

This kind of stuff boggles the mind:

Scudiero testified that she has never been to a gun range, has never read or studied any literature about gun ranges, has no experience or education with either the structure or operation of gun ranges, and has never investigated gun ranges for zoning purposes. App. 95, 104. As Zoning Administrator, Scudiero would be tasked with initiating zoning review of any proposed use. App. 103-04. However, she did not participate in any manner in the crafting or adoption of Defendant’s gun ordinance, nor did she discuss the ordinance with anyone from or on behalf of the zoning commission, nor did she discuss the ordinance with the Mayor or anyone acting on his behalf. App. 103. No City Council Member ever asked Scudiero how other cities zone for gun ranges, and Scudiero is unaware of any other city in America banning gun ranges. App. 105.
Nonetheless, the lower court allowed Scudiero to testify as to what she “imagine[s]” happens at a gun range.Based on this imagination, Scudiero opined that gun ranges should be zoned as an “intense” use, similar to taverns, rock crushing facilities, salvage yards, incinerators, drive-through facilities, and adult establishments.

Specifically, Scudiero opined gun ranges belong in manufacturing districts, but even then, only on a case-by-case special use basis. App. 98-101. However, Scudiero had no knowledge of whether gun ranges emit noise or emissions of any kind. App. 105-06.

Seriously, do these Chicago government people read The Onion as an instruction manual? Mr. Gura does a great job of making these people look ridiculous by simply showing us how they are.

[RomanDad]

Thats a good brief.

[Crom]

Wiki updated. Thanks for the update.

[ed bernay]

This made me happy. To carry it further, I would have also said that a right doesn't entitle individuals to have something provided by someone else.

Gura kicks ***.

[Paul S]

We talk big on following it now.... But I doubt this will be resolved in "Two Weeks".

All I have to say is... GO ALAN!

I am sure of it. Chicago will use every possible ploy to delay a final ruling.
Chicago is stubborn enough I can see the Windy City's gas bag attorneys getting approval to even try and get the issue before the SCOTUS should the city lose. I am not schooled enough in the issues to hazard a guess whether the High Court would even take the issue for review.

It will indeed be a long slow road.

[yellowfin]

I'd venture the SCOTUS would LOVE to see the case to have the opportunity to smack Chicago for mocking them.