Justice v. TOWN OF CICERO, ILL.
827 F. Supp. 2d 835
N.D. Ill.2011Background
- Justice, proceeding pro se, sues the Town of Cicero and Town President Dominick asserting Cicero’s firearms-registration and business-licensing ordinances violate the Second and Fourteenth Amendments and the Illinois Constitution.
- Justice’s amended complaint adds factual allegations from an earlier incident where Cicero police allegedly entered his business, seized fourteen firearms, arrested him, and closed his business.
- The prior related case (Justice v. Town of Cicero) was dismissed; the court now considers whether to dismiss the amended complaint under Rule 12(b)(6).
- Cicero’s firearms ordinance generally requires registration and imposes a fee; certain weapon classes are prohibited; the director of public safety collects detailed information for applications.
- The court applies a plausibility standard and considers claim preclusion, the Second Amendment merits, Illinois-constitutional challenges, and immunities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claim preclusion bars the claims | Justice argues post-Heller/McDonald changes permit a fresh action | Cicero asserts privity and identity of causes of action with the earlier suit | Partially barred: business-licensing claim barred; Second Amendment claim not barred due to post-Heller/McDonald changes |
| Whether Cicero’s firearms-registration and fee provisions violate the Second Amendment | Registration/fee burden core Second Amendment rights | Registration and fee are permissible regulatory measures | Registration not automatically invalid; fee permissible; framework allows regulation near the core under appropriate scrutiny |
| Whether Cicero’s business-licensing provisions violate the Illinois Constitution | Indicates unconstitutionality under Illinois Constitution | Likely not violated under governing Illinois constitutional standards | Claim preclusion bars this Illinois-constitutional challenge (subject to the Second Amendment merits analysis) |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (established individual Second Amendment right and incorporation considerations)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (applied Second Amendment to states and subdivisions)
- Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011) (framework for Second Amendment challenges; distinctions between regulatory vs. prohibitory measures)
- Heller II, 670 F.3d 1244 (D.C. Cir. 2011) (upheld basic firearms-registration schemes as longstanding and permissible)
- Justice v. Town of Cicero, 577 F.3d 768 (7th Cir. 2009) (precedent on Cicero ordinance and incorporation considerations (Justice I))
- Skoien, 614 F.3d 638 (7th Cir. 2010) (strong showing required for regulation near core rights; non-categorical limits)
- Yancey, 621 F.3d 681 (7th Cir. 2010) (recognizes that Second Amendment right is not unlimited)
- Marzzarella, 614 F.3d 85 (3d Cir. 2010) (upholds possession restrictions that regulate manner of exercise of rights)
- Cox v. New Hampshire, 312 U.S. 569 (U.S. 1941) (parade permit fee permissible; government interest in public order)