Ezell vs. City of Chicago II

2017

Ruled that the city of Chicago’s ban on gun ranges was unconstitutional.

Ezell II

January 18th 2017, the Seventh Circuit Court of Appeals ruled that the city of Chicago’s ban on gun ranges was unconstitutional.

March 15th. 2017 the final judgement was entered by judge Virginia M. Kendall, indicating that the city of Chicago withdrew their motion to stay the proceedings

two federal lawsuits against the City of Chicago to bring gun ranges to the city for law abiding citizens

“If the city demands that you take this class, they should provide a facility for you to do it. You don’t want a person to have a gun they don’t know how to use. No one should have to drive 40 miles outside the city limits to comply with a city ordinance.”

Ezell vs. City of Chicago

2011

Rhonda sued Chicago to bring gun ranges into the city

July 6, 2011

  • Rhonda Ezell sued the city of Chicago to bring gun ranges to the city for law abiding citizens
  • After Ezell won the challenge against the total ban on ranges, Chicago changed its ordinances to ‘allow’ gun ranges, but made the zoning rules and construction requirements so restrictive they are prohibitive
  • September 29, 2014 – the case was taken back to court, and an opinion and order was issued on
  • Alan Gura Attorney 

Ezell II

January 18th 2017, the Seventh Circuit Court of Appeals ruled that the city of Chicago’s ban on gun ranges was unconstitutional.

March 15th. 2017 the final judgement was entered by judge Virginia M. Kendall, indicating that the city of Chicago withdrew their motion to stay the proceedings

 two federal lawsuits against the City of Chicago to bring gun ranges to the city for law abiding citizens

“If the city demands that you take this class, they should provide a facility for you to do it. You don’t want a person to have a gun they don’t know how to use. No one should have to drive 40 miles outside the city limits to comply with a city ordinance.”

– Rhonda Ezell

http://chicagogunsmatter.org/history/33-ezell-v-chicago

https://www.saf.org/wp-content/uploads/2013/08/ezelldecision.pdf

McDonald v. City of Chicago

2010

Challenged Chicago’s gun registration

 

Argued March 2, 2010
Decided June 28, 2010

  • 561 U.S. 742
  • Applied the 2nd Amendment to the states through the 14th Amendment
  • decision of the Supreme Court of the United States
  • found that the right of an individual to “keep and bear arms” is protected under the Second Amendment

14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens “equal protection of the laws.”

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. – Section 1

14th Amendment 1868

District of Columbia vs. Heller

2008

Second Amendment protects an individual’s right to possess a firearm

 

  • Argued March 18, 2008
    Decided June 26, 2008
  • 554 U.S. 570
  •  landmark case from the Supreme Court of the United States
  • held that the Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia
  • Supreme Court affirmed by a vote of 5 to 4
  • Heller had approached the National Rifle Association about a lawsuit to overturn the D.C. gun ban, but they declined

United States v. Miller

1939

Upheld a federal ban on sawed-off shotguns

 

  • March 30, 1939 United States v Miller – Argued
  • May 15, 1939 United States v Miller – Decided

  • Ruling on the National Firearms Act of 1934
  • Supreme Court upholds a federal ban on sawed-off shotguns
  • Supreme court ruled that when called for militia duty,
    “these men were expected to appear bearing arms supplied by themselves
    and of the kind in common use at the time.”
  • (U.S. v Miller, 307 US 174)

District Court Western District Arkansas, charged that Jack Miller and Frank Layton ‘did unlawfully, knowingly, wilfully, and feloniously transport in interstate commerce from the town of Claremore in the State of Oklahoma to the town of Siloam Springs in the State of Arkansas a certain firearm, to-wit, a double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length

Robertson v Baldwin, an 1897

1897

First Supreme Court case to address Concealed carry

 

  • Robertson v Baldwin
  • the court ruled that the right to arms is an “ancient” and “fundamental” right, a right which was “inherited from our English ancestors” and has existed “from time immemorial.”
  • first Supreme Court case to address Concealed carry

Presser v. Illinois

1885

Second Amendment limited only the power of national government, not of the states to control firearms

 

Argued November 23–24, 1885
Decided January 4, 1886

the Second Amendment to the United States Constitution limited only the power of Congress and the national government to control firearms, not that of the states, a

 “Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States.” It states that the Second Amendment to the United States Constitution limited only the power of Congress and the national government to control firearms, not that of the states, and that the right to peaceably assemble was not protected by the clause referred to except to petition the government for a redress of grievances.

United States v. Cruikshank

1876

the Bill of Rights did not apply to private actors or state governments, despite the adoption of the Fourteenth Amendment


Argued March 30 – April 1, 1875
Decided March 27, 1876

rules that the Second Amendment does not guarantee an individual right to keep and bear arms