Looks like NRA is supporting a federal lawsuit today to overturn Chicago’s ban on gun shops and shooting ranges, and a whole slew of other violations under Chicago’s new ordinance. The federal civil complaint can be found here. It’s civil rights based, obviously:
Jurisdiction is founded on 28 U.S.C. Â§ 1331 in that this action arises under the Constitution of the United States, and under 28 U.S.C. Â§ 1343(3), in that this action seeks to redress the deprivation, under color of law, of rights secured by the United States Constitution.
Seeing that in print related to a subject matter like this is music to my ears (eyes?). The only sad thing is that Daley is being sued in his official rather than personal capacity, but the goal here is to get an injunction, so that doesn’t need to be on the table. So what are they going after exactly? It’s an eight count complaint.
- Count one goes after the definition of home that’s defined so narrowly.
- Count two goes after the requirement that they be 21 years of old, arguing it violates the constitutional rights of those adults over the age of 18 but under the age of 21 to keep and bear arms.
- Count three goes after the ban on gun shops.
- Count four goes after the ban on shooting ranges.
- Count five goes after the ban on having more than one operable gun in the home.
- Count six goes after the unsafe handgun roster that the Police are supposed to maintain under the new ordinance. The complaint argues that the “unbridled discretion” violates the due process clause of the 14th Amendment.
- Count seven challenges the ban on laser sights.
- Count eight actually goes after the prohibition on carry outside the home or fixed place of business.
The case is seeking a declaratory judgement, injunctive relief and attorneys fees. Yes King Daley, the Constitutional applies to you too.