http://www.chicagotribune.com/news/local/ct-met-chicago-gun-lawsuit-20100709,0,363397.story
New gun ban prompts new lawsuit
Prohibition on city gun sales challenged by gun shop owner
6:46 p.m. CDT, July 9, 2010
Mayor Richard Daley's newly minted ban on gun stores in Chicago is being challenged in federal court by a man who hopes to sell firearms from a Lincoln Park storefront.
Joe Franzese, who owns Second Amendment Arms in far north suburban Lake Villa, believes the gun regulation the Chicago City Council passed last week is unconstitutional. While the ordinance allows residents to own handguns, it outlaws their sale within the city, said Franzese's lawyer, Walter Maksym.
"That would be like allowing people to read books, then outlawing libraries and bookstores," said Maksym, who filed a federal lawsuit Friday on Franzese's behalf.
The suit also calls on the city to repay the owners of firearms confiscated under Chicago's 1982 handgun ban, which the U.S. Supreme Court late last month indicated is not constitutional.
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Robert Zieman, a Chicago sanitation department worker, had about nine guns confiscated by the city around 2004, Maksym said. Zieman and anyone else who had guns taken away under the old ban should be eligible for restitution for the cost of the weapons and any costs they incurred to defend themselves, Maksym said in the suit.
In addition, the suit calls for those people to have their records cleared of any conviction. "Because it's a gun offense, it kind of stigmatizes people and sticks with them," Maksym said.
A city Law Department spokeswoman said the suit is trying to "greatly expand the limited right" granted in the Supreme Court's rulings on gun bans in Chicago and the District of Columbia.
The rulings, which overturned bans in both cities, recognized the right "to possess a handgun in the home for purposes of self-defense," said Law Department spokeswoman Jennifer Hoyle.
She added that the city believes it has "strong legal defenses" against any claims for damages dating back to 1982.
"In addition to statute of limitations issues, individuals who failed to challenge the constitutionality of the gun ordinance have waived their legal claims and are not entitled to now seek restitution for their guns or their legal costs," she said.
Maksym said the Lincoln Park gun store would be a "boutique" where only people with valid Firearm Owner's ID cards would be allowed to shop for guns brought out to them from a vault.
City Corporation Counsel Mara Georges has said there is a prohibition against displaying guns for sale in the current city ordinance. The new law, which takes effect Monday, will ban the sale outright.
[email protected]
New gun ban prompts new lawsuit
Prohibition on city gun sales challenged by gun shop owner
6:46 p.m. CDT, July 9, 2010
Mayor Richard Daley's newly minted ban on gun stores in Chicago is being challenged in federal court by a man who hopes to sell firearms from a Lincoln Park storefront.
Joe Franzese, who owns Second Amendment Arms in far north suburban Lake Villa, believes the gun regulation the Chicago City Council passed last week is unconstitutional. While the ordinance allows residents to own handguns, it outlaws their sale within the city, said Franzese's lawyer, Walter Maksym.
"That would be like allowing people to read books, then outlawing libraries and bookstores," said Maksym, who filed a federal lawsuit Friday on Franzese's behalf.
The suit also calls on the city to repay the owners of firearms confiscated under Chicago's 1982 handgun ban, which the U.S. Supreme Court late last month indicated is not constitutional.
--------------------------------------------------------------------------------
Get the Chicago Tribune delivered to your home for only $1 a week >>
--------------------------------------------------------------------------------
Robert Zieman, a Chicago sanitation department worker, had about nine guns confiscated by the city around 2004, Maksym said. Zieman and anyone else who had guns taken away under the old ban should be eligible for restitution for the cost of the weapons and any costs they incurred to defend themselves, Maksym said in the suit.
In addition, the suit calls for those people to have their records cleared of any conviction. "Because it's a gun offense, it kind of stigmatizes people and sticks with them," Maksym said.
A city Law Department spokeswoman said the suit is trying to "greatly expand the limited right" granted in the Supreme Court's rulings on gun bans in Chicago and the District of Columbia.
The rulings, which overturned bans in both cities, recognized the right "to possess a handgun in the home for purposes of self-defense," said Law Department spokeswoman Jennifer Hoyle.
She added that the city believes it has "strong legal defenses" against any claims for damages dating back to 1982.
"In addition to statute of limitations issues, individuals who failed to challenge the constitutionality of the gun ordinance have waived their legal claims and are not entitled to now seek restitution for their guns or their legal costs," she said.
Maksym said the Lincoln Park gun store would be a "boutique" where only people with valid Firearm Owner's ID cards would be allowed to shop for guns brought out to them from a vault.
City Corporation Counsel Mara Georges has said there is a prohibition against displaying guns for sale in the current city ordinance. The new law, which takes effect Monday, will ban the sale outright.
[email protected]
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