Illinois Ass'n of Firearms Retailers v. City of Chicago
2014 U.S. Dist. LEXIS 782
N.D. Ill.2014Background
- Plaintiffs challenge Chicago Municipal Code § 8-20-100, which bans the sale, transfer, or acquisition of firearms within the City except by inheritance.
- They also challenge MCC § 17-16-0201, the City’s zoning ordinance restricting gun-stores operations in Chicago.
- The suit was narrowed after amendments to focus on the sales/transfer ban and the zoning provision; other carrying and ranges ordinances were dismissed as issues.
- Plaintiffs are Chicago residents and members of the Illinois Association of Firearms Retailers seeking to shop or sell within Chicago.
- The court applies Ezell/Moore two-step Second Amendment analysis to assess whether the bans pass heightened scrutiny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second Amendment scope of the Chicago bans | Pacholski argues sales/transfers are core to self-defense. | City contends activity falls outside the Second Amendment or is easily regulated. | Ezell two-step framework applies; not categorically unconstitutional. |
| Appropriate level of scrutiny | Strict or heightened scrutiny is required due to core-right impact. | Undue burden or intermediate scrutiny should apply. | Ezell’s heightened (not fixed) scrutiny governs; stricter than intermediate. |
| Justifications for the bans | The bans are overinclusive and fail to show strong public-safety benefits. | The City shows concerns about criminal access and illegal markets justify the bans. | City fails to show sufficiently strong fit; bans unconstitutional. |
| Gifts/transfers and overbreadth | Prohibition of lawful gifts further burdens core rights. | Gifts are ancillary and could be regulated, but not banned entirely. | Bans on sales/transfers (including gifts) unconstitutional; overbreadth. |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (recognizes a core individual right to possess and bear arms; not all regulations are permissible)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (S. Ct. 2010) (incorporation of Second Amendment right to the states; home defense focus)
- Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011) (two-step Ezell framework; heightened scrutiny for gun-regulation)
- Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012) (two-step framework; sliding-scale scrutiny based on breadth and scope of restriction)
- United States v. Skoien, 614 F.3d 638 (7th Cir. 2010) (illustrates applying heightened scrutiny in gun-rights cases (domestic-violence context))