Federal Judge Denies Chicago Motion In SAF-Backed Gun Shop Case

Second Amendment Foundation
Second Amendment Foundation

BELLEVUE, WA – -(Ammoland.com)-  A federal court judge in Illinois has denied a City of Chicago motion for summary judgment and refused to dismiss a case challenging a ban of firearms sales within city limits that is backed by the Second Amendment Foundation.

It is the latest in a string of court battles between Chicago and SAF, causing SAF founder and Executive Vice President Alan M. Gottlieb to observe;

“We’ve already beat Chicago three times, in the McDonald case before the Supreme Court, and both Ezell 1 and Ezell 2 before the federal court of appeals. I’m reminded of the folk song by Peter, Paul and Mary that asked, ‘When will they ever learn’?”

The case involves a proposed gun shop called Second Amendment Arms (SAA), owned by R. Joseph Franzese, who submitted an application for a business license in July 2010. The city contends that the application was for an address in an area not zoned for commercial use, but Franzese argues that he was not advised about the zoning and that it had been advertised as commercial property. Besides, he contended that the city’s prohibition on gun sales “would have blocked (their) efforts no matter where (they) chose.”

“The City of Chicago under Rahm Emanuel is trying to be too clever by half,” Gottlieb said. “We would have thought by now that they would have ceased this pattern of spending tens of thousands of taxpayer dollars on stubborn litigation, but the city seems determined to be dragged kicking and screaming into compliance with the Second Amendment.

U.S. District Court Judge Robert M. Dow, Jr., set Sept. 28 2017 as the next date to discuss damages for the plaintiff in this case, which is known as Second Amendment Arms v. City of Chicago.

“Since losing its gun ban fight in the Supreme Court’s 2010 McDonald ruling,” Gottlieb noted, “Chicago has been digging its heels in deeper and deeper, throwing every kind of legal roadblock it could in an effort to delay what seems inevitable. The city has got to follow the law and the constitution, and as long as they keep fighting, we’ll keep suing.

“That’s what winning firearms freedom one lawsuit at a time is all about,” he concluded.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

  • 41 thoughts on “Federal Judge Denies Chicago Motion In SAF-Backed Gun Shop Case

          1. A lot people, other than those of us from the Chicago area don’t know that some years ago, one of the singers in the band Chicago was drinking and playing with a pistol. He thought because he dropped the magazine it was safe. The fool put it to his and pulled the bang switch. Unfortunately for him, he blew his f*cking brains our. True story.

            1. Yes, Terry Kath did that in a drunken stupor in 1978 in LA. Just shows how guns and alcohol don’t mix. He also suffered from drug addiction and depression. Nobody really understands what his intentions were.
              They made some good music. Stick in the 8 track and let the album play.

      1. Very odd that the commenter does not say, I am the legal representative of the band Chicago. The commenter seem very careful to avoid stating that they are the legal representative of the band.
        Very odd that the commenter does not say, You do not have the permission from the band Chicago to use its trademark. You are ordered to immediately cease and desist from further infringement on our registered trademark. The commenter uses none of the required legal language.
        Also odd that an authentic legal representative of a trademark holder would send notice to cease and desist, if that is what it is, by email. Usually cease and desist demands come in the form of registered mail on the firm’s letterhead paper. There are no billable hours in sending an email. If I were a senior partner in a law firm, representing the band Chicago, I would be very upset with an attorney sending a cease and decease demand, if that is what it is, by email. All very strange

        1. With the timing of online publishing, email and forum posts are a good start. The issue was resolved within 5 hours of the first comment and within an hour and a half of the ‘notice’, faster than a letter can be written, stuck in an envelope and picked up by the mailman.
          Do you see billable hours as more important than expediency ?

          1. @Idadho, Yes! The practice of law is all about making money. If you ever need to hire an attorney, remember that! If you ever become an attorney, remember that! Now, please send me $600 for my time.

            1. Most of the attorneys I know would suggest a less formal contact by the client before starting the billable clock running. Those that choose dollars over the client’s easily served best interest deserve the reputation that attorneys receive. It sounds like you are the latter and would bill a chunk just for giving such simple advice.

            2. @Idadho, Money aside, that is terrible advice. When a client starts talking to the other party things tend to go down hill fast. Pretty soon you have a he said she said uncontrolled situation. Evidence can even get created! Then when everything is a big mess your client will pay even more than if they had just let you do the talking. Never last a client talk in court, either!
              The more free or low cost advice that a lawyer gives, the less likely a client is to follow it. Just my experience.

    1. The city of chicago and state gov ignoring the law of the land as handed down by the Supreme Court and some commenting here are worried about the use of a bands logo! No wonder america is in trouble. Some folks priorities are upside down.

      1. Yes, No wonder America is in trouble. Even the ‘good’ guys do not take the time to get their story straight. They offend supporters with such ignorant journalism.
        First impressions mean something. This is definitely not a good first impression.
        Just look at how this ignorant action on the part of Ammoland has diverted the focus.

          1. Did you mean : de minimis non curat lex ?
            You can’t even get your ridicule correct. How’s that for picking the nits?
            Notice that Ammoland corrected the graphic from the Band Chicago to the City of Chicago. Try to keep up.

            1. @idadho, Nope, you can say it either way, and it is not ridicule. I think that they have been spoofed. Were you behind it?

            2. Non curat and de minimus are two words. The common usage is as I posted. I doubt you can show me where it is used as you posted in a commonly accepted application. The attorneys sure don’t use it that way.

            3. @Idadho, You must be having a bad day. Sorry for the bad day and the typo. I was in a hurry. Yes, we do. Please see p821, right hand column, Black’s Law Dictionary, Fifth ed.

            4. Yes, they are each two words, as I mentioned. It shows the more common usage on page 388.
              Why did you pick on me but not the other posts ?

            5. @idadho, Yes, they are two words. My Dobie is filling in for my regular secretary and she fat paw’ed the words together. She is a terrible at copy editing because she can read, ya know.
              I am not picking on you. You have always had an affable sense of humor in the past, so I have been doing you the favor of diplomatic and cheery responses.
              De minimis non curat lex just does not roll off the tongue as fast and easy as lex non curate de minimis. When you are in court, a guy just can not be bumbling his lines. Know what I mean?

    2. Rahm Emanuel should be arrested for failure to uphold his Oath. It is about time that politicians learned that there are consequences for not complying with the United States Constitution.

      1. If every Oath taker who failed to uphold their Oath was arrested the country would not have a ANY politicians. That sounds like a good idea. Hang them all.

    3. Hey SAF and AMMOLAND. How about using something besides the LOGO for the band Chicago for your graphic ? Are you clueless about the band Chicago. They have nothing to do with your lawsuit.
      If you guys don’t know the logo for Chicago, you guys are the losers.
      I support SAF but this time you screwed the pooch.

      1. @Idadho, I am glad that you support SAF, brother. As to the alleged logo for the city of Chicago, if no distinguishable changes have been made, then I think that Ammoland’s use falls under the fair use doctrine. As to the pooch, well… I encourage them to take it to the vet.

      2. when the EverGreen State Cawlidge crybabies were on their tantrum a few weeks ago, the old logo from Olympia Beer was trotted out….. what did their beer (brewery closed due to librul gummit railroading them out of existence) with the snowflakes and butterflies out at the greenies’ college? Naught….

        Read for content and import, and let the niggly details go by.

        If they had used the Chicago bears logo, or the Sox’ logo, would that have been better? Rahmie Boy is still a nut job control freak bent upon destruction, and ought to be in the CrowBar Hotel for felony perjury.

        1. @Tio N, I agree 100 per cent…. wait a minute… are you saying that Olympia beer is no longer in existence? WTF happened? These are mad, mad times!

    4. It would seem that if I thumbed my nose at a court ruling against me, I would wind up in jail. If this is true, it begs the question as to why these socialist trash aren’t in jail for thumbing their noses at the court?

      1. The Federal Government needs to start from the top down in Chicago and the state of Illinois. Follow the laws or go to prison.

    5. The Supreme Court is the superior court of the United States of America, every other court in the Constitution are considered the inferior courts. Chicago’s leaders think that they do not have to follow the Supreme Court’s decisions, then they utilize the inferior courts for strong arming their selfish agendas, at the expense of the Chicago/Cook County tax payers. Chicago is the huge Loser, recent past history proves that. The political leaders of Chicago/Cook County are the criminals fleecing the public through their inability to entice new business/manufacturing into the state. Their only solution is to tax what ever is left of the law abiding middle class, which is also on the move to leave the state. Examples, are the increase in real estate taxes, the bullet tax, the sugar tax on soft drinks, and more to come. I am sure. The City of Chicago Cook County and down state Springfield needs to follow the laws set forth by the US Supreme Court or suffer the consequences of Federal investigations, of political corruption. The politicians need to become law abiding citizens, but I believe we are asking too much.

      1. @RJL, What consequences of political corruption investigations? Half of the justices on the S. Ct. are social engineers that approve of what Chigago is doing.

      2. OH, for a moment there I thought you were writing about Seattle Washington……. the similarities are legion…….. including in the end results.

    6. Of course the city is fighting it. They don’t want the sheep having claws and teeth. Also, whoever is supplying the black market guns, including fully automatic military grade weaponry to the criminals hates any competition.

    7. Fine, but why use someone else’s intellectual property in your graphic (the logo of the band Chicago)? It’s not necessary and will just bring you headaches. I’d rather your money go to the cause.

      1. hasn’t that aold band been disbanded for years? This is likley a valid case of “fair use” as well… why pick at that nit?

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