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Interim ruling in one of the Chicago II cases
Discussion of the evidence and ruling here. This isn't a final disposition by any means. A lot of test cases do get disposed of at the prelim injunction stage, but the judge rules that this is not one of those. To get a preliminary injunction, which would bar enforcement of the statute during the time while trial is pending, a party must show that they are likely (tho not sure) to win, and also that they will suffer irreparable harm if made to wait for trial, plus two other things. Otherwise, the usual rule of you win after trial and not before applies.
Comments
I personally don't see how banning gun ranges within the city limits is a violation of anything - even if the city requires a visit to get a permit.
How many ranges are there in Az again? Certainly many towns don't have one. Of course, they also don't require a visit to one to get a permit to possess a gun either.
Posted by: rspock at October 15, 2010 07:05 AM
I would love to see someone challenge the range trip requirement for getting the permit on the grounds that they prohibit ranges, placing an extra burden on the exercise of the RKBA. That might be a more effective way to get the range ban lifted.
Posted by: Jim at October 15, 2010 01:01 PM
...Of course being allowed to transport the arm to the range wouldn't either/
Posted by: desertrat at October 15, 2010 06:46 PM
For friends of Dave: Dave is in the hospital right now, with a bad rattlesnake bite.
Posted by: Alice at October 16, 2010 12:14 PM
Alice - sorry to hear that, hope he's feeling better soon.
Posted by: James at October 16, 2010 07:59 PM
The reason range bans are an infringement of the 2nd is that there is no good reason for the bans other than to harass shooters. The city has no problem with the safety or noise issues of the indoor police shooting ranges in the city. There is no significant problem with the many ranges in other cities. Chicago can't ban printing presses in Chicago for no reason just because presses are available in nearby cities or rural areas.
Posted by: Critic at October 16, 2010 09:59 PM
Remember folks the Second Amendment only applies if you have a badge or uniform.
Posted by: 475okh at October 18, 2010 06:00 AM