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Chicago gets ripped in Ezell II oral argument
Chicago's handgun ban was struck down in McDonald. It responded by enacting a tight permitting system, requiring among other things training on a range, while retaining its ban on shooting ranges. That got struck down in Ezell I. It responded by allowing ranges, but only under high restrictive zoning (among other things, they must be in areas zone for manufacturing, not just for commercial use, must be 500 feet from any other building, and no person under 18 may enter them. That resulted in Ezell II.
Here's the oral argument, held this morning. Chicago's attorney leads, and walks into a firestorm of plainly irritated judges.
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The City was given about the worst panel possible with respect to judges who are sympathetic to their arguments. Still, regardless of any potential ideological bias, the judges focused on exactly the right points. Sykes (I think it was her) did a great job hammering the City on narrow tailoring the restrictions.
Chicago's 2A battles are highly important. They set precedents for other states, such as California, who attempt to infringe on the Second Amendment also. Chicago's federal judiciary is a better ground for the fight, however, because the 9th Circuit in Cali' is heavily, progressively, biased. We here in California watch these proceedings with rapt attention in hopes for new trends to be applied to our own, heavily restrictive, citizens' firearms rights.
Seemed like it was all over 90 seconds into the argument, when the Court asked "Does the City of Chicago Want Shooting Ranges?" This was, of course, followed by a mealy-mouthed answer.
I'd like to add a small point of clarification on the existing ordinances.
Prior to the enactment of the Firearm Concealed Carry Act of 2013, Chicago had handgun permits.
Possibly the most interesting aspect of HB183/FCCA is that it contained a complete pre-emption of all municipal handgun regs. At the stroke of that midnight when the FCCA went into effect, all of Chicago's handgun ordinances ceased to exist, including the permitting system.
Long gun ordinances were not directly affected, generally speaking.
So, the handgun laws regarding possession, transport, and carry are only the state's. There is no municipal authority to regulate them.
The IL CCL carry-permit system is operated by the state via the Illinois State Police. Therefore, all permitting is properly referred to as "State of Illinois".
One aspect of this of general interest is that it is no longer accurate to refer to Chicago as having the strictest handgun laws in the country. Actually, they're not all that horrendous, at least, not compared to New York, New Jersey, California, Massachusetts, and the like.
Still in the bottom half, but vastly improved.
No, we have no idea how Phelps, Pearson, the Rowes, Vandermyde, et al managed that, but it's a jaw-dropper.
How do you get to be a lawyer without knowing how to properly pronounce "cache"?
Wow... The Judges did not allow the City lawyer to BS or obfuscate them.