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City of Chicago lawsuit to repeal Gun Laws.
Josey1
Member Posts: 9,598 ✭✭
It's been a long road but Christopher K. Morley with your help and under the legal counsel of Mr. Walter Maksym has filed suit against the City of Chicago and the State of Illinois. The objectives of the suit are:
1. To restore the rights of peaceful law-abiding citizens to both keep and BEAR arms.
2. To overturn the de facto handgun ban in Chicago and restore the people's right to be secure in their homes.
DETAILS:
Filed 2:34pm, April 29, 2002, Case Number: 02CH08462, Judge Aaron Jaffe, Rm. 2405, Cook County Circuit Court, Chancery Division
PRESS CONTACT: 630 660-3935
Below is the Genesis of this law suit.
OPERATION OHIO - ARE YOU UP FOR IT?
By Christopher K. Morley
A few weeks ago, John Birch mentioned that a member of Concealed Carry, Inc. was
working on a "legal theory" which might advance our fight for a CCW law in
Illinois.
The member in question is me, and I'm writing in order to ask my fellow
members if they would support a lawsuit against the State of Illinois in
which we will try to prove that the state's ban on concealed carry violates
it's own state constitution, which reads :
"Subject only to the police power, the right of the individual citizen to
keep and bear arms shall not be infringed." (Article 1, Section 22)
At this point, let me say that my purpose here is not to start a long running
debate on what "the police powers" are or are not. The attorney I have been
consulting says, in short, that the "police powers" refer to the State's
right to regulate things which have a bearing on public safety, etc. These
"police powers" however cannot over-rule guarantees set forth in the state
constitution. Our contention, which has been voiced by others, is that the
state's ban on CCW by law abiding citizens clearly violates the guarantee
described above.
The attorney with whom I have been consulting (with John Birch's assistance)
is a veteran litigator and an expert on constitutional matters. When I first
approached him several weeks back to ask him about the viability of such a
lawsuit, he said that he thought the case was strong and he was quite
enthusiastic about pursuing it. He then offered to do preliminary research
into the matter to further develop our options and approach.
Over dinner last night the three of us met again to discuss whether or not to
proceed with the lawsuit. Our attorney friend had done a considerable amount
of additional research and had even gone so far as to rough-draft the suit,
at no cost. This sort of constitutional matter, he commented, was what folks
like him dream about fighting.
Our strong points, among others are:
1. Clear and simple legal arguments. The Illinois State constitution does
not link RKBA to the militia. As far as the Illinois State constitution is
concerned, RKBA is an individual right.
2. Recent court decisions (Emerson and the Ohio CCW case) demonstrate that
the courts are open to hearing pro-gun cases and deciding in favor of pro-gun
arguments.
3. The election season will help us in gaining publicity and support for the
lawsuit. Yes, this will be a media circus. The candidates for state office
who are trying to waffle on the CCW issue will be deluged by reporters asking
their opinion on the "right-to-carry lawsuit".
4. A sympathetic lead plaintiff (yours truly). Our attorney friend thinks
that my situation makes me the ideal lead plaintiff for this case; a disabled
person who has no other way to fight back against a mugger, except with a
gun. If there are other non-traditional, concealed carriers out there who
wouldn't mind being a human bulls eye, drop me a line. A victory in this case
would apply to EVERYBODY, not just gun-toting disabled people. My background
will be useful in generating publicity and (hopefully) support, nothing more. As many of you are aware, a lawsuit was filed in Ohio a few years ago which
sought to overturn that state' ban on concealed carry has been instrumental
in pressuring the Ohio legislature into confronting the issue of concealed
carry. It is my hope that a similar suit here in Illinois will have similar
results. I am writing in order to ask if my fellow members would support this
lawsuit. The lawsuit will not be cheap, and it will probably drag on for 3-4
years before final resolution. Whether we win or loose in the Circuit Court,
where the case must start, a case of this nature can only end in one place,
the Illinois Supreme Court. It is my hope that if the case is filed, and
battle is joined, we will garner support from individuals and groups. The
Ohio lawsuit gained the support of The Second Amendment Foundation, among
others, and I would hope they would see merit in supporting our cause here in
Illinois.
We must start this fight ourselves. We cannot wait and hope for SAF or GOA or
NRA to coming knocking with an offer to fight our battles for us. As John has said, more of us will be arrested in the future. And each time
that happens, we will have to support each other and fight a defensive
action. This lawsuit, if filed, will represent a counter-attack, and the
opening of a second front in the gun rights war here in Illinois. I am willing to be the public face of the lawsuit, as well as bearing part of
the financial burdens of the lawsuit. I cannot do it alone. If others wish to
join in as co-plaintiffs now or in the future, we can consult our attorney. At
this point I am only asking for an indication of your willingness to support
this project.
Thank you for your time and consideration,
Christopher Kyle Morley
Funds can be donated as follows:
Check To: Walter Maksym and Associates
Check Memo: Chris Morley Fund
Mailed to:
Concealed Carry, Inc.
PO BOX 4597
OAK BROOK IL 60522-4597
We will be needing funds over the long haul so those who want to wait and see are welcome to do so.
John Birch
President
Concealed Carry, Inc.
PO BOX 4597
OAK BROOK IL 60522-4597
Tel: 630 660-3935 Fax: 815 327-1152
Web: www.concealcarry.org
MOLON LABE - COME AND GET THEM
http://www.concealcarry.org/operation_ohio.htm
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
1. To restore the rights of peaceful law-abiding citizens to both keep and BEAR arms.
2. To overturn the de facto handgun ban in Chicago and restore the people's right to be secure in their homes.
DETAILS:
Filed 2:34pm, April 29, 2002, Case Number: 02CH08462, Judge Aaron Jaffe, Rm. 2405, Cook County Circuit Court, Chancery Division
PRESS CONTACT: 630 660-3935
Below is the Genesis of this law suit.
OPERATION OHIO - ARE YOU UP FOR IT?
By Christopher K. Morley
A few weeks ago, John Birch mentioned that a member of Concealed Carry, Inc. was
working on a "legal theory" which might advance our fight for a CCW law in
Illinois.
The member in question is me, and I'm writing in order to ask my fellow
members if they would support a lawsuit against the State of Illinois in
which we will try to prove that the state's ban on concealed carry violates
it's own state constitution, which reads :
"Subject only to the police power, the right of the individual citizen to
keep and bear arms shall not be infringed." (Article 1, Section 22)
At this point, let me say that my purpose here is not to start a long running
debate on what "the police powers" are or are not. The attorney I have been
consulting says, in short, that the "police powers" refer to the State's
right to regulate things which have a bearing on public safety, etc. These
"police powers" however cannot over-rule guarantees set forth in the state
constitution. Our contention, which has been voiced by others, is that the
state's ban on CCW by law abiding citizens clearly violates the guarantee
described above.
The attorney with whom I have been consulting (with John Birch's assistance)
is a veteran litigator and an expert on constitutional matters. When I first
approached him several weeks back to ask him about the viability of such a
lawsuit, he said that he thought the case was strong and he was quite
enthusiastic about pursuing it. He then offered to do preliminary research
into the matter to further develop our options and approach.
Over dinner last night the three of us met again to discuss whether or not to
proceed with the lawsuit. Our attorney friend had done a considerable amount
of additional research and had even gone so far as to rough-draft the suit,
at no cost. This sort of constitutional matter, he commented, was what folks
like him dream about fighting.
Our strong points, among others are:
1. Clear and simple legal arguments. The Illinois State constitution does
not link RKBA to the militia. As far as the Illinois State constitution is
concerned, RKBA is an individual right.
2. Recent court decisions (Emerson and the Ohio CCW case) demonstrate that
the courts are open to hearing pro-gun cases and deciding in favor of pro-gun
arguments.
3. The election season will help us in gaining publicity and support for the
lawsuit. Yes, this will be a media circus. The candidates for state office
who are trying to waffle on the CCW issue will be deluged by reporters asking
their opinion on the "right-to-carry lawsuit".
4. A sympathetic lead plaintiff (yours truly). Our attorney friend thinks
that my situation makes me the ideal lead plaintiff for this case; a disabled
person who has no other way to fight back against a mugger, except with a
gun. If there are other non-traditional, concealed carriers out there who
wouldn't mind being a human bulls eye, drop me a line. A victory in this case
would apply to EVERYBODY, not just gun-toting disabled people. My background
will be useful in generating publicity and (hopefully) support, nothing more. As many of you are aware, a lawsuit was filed in Ohio a few years ago which
sought to overturn that state' ban on concealed carry has been instrumental
in pressuring the Ohio legislature into confronting the issue of concealed
carry. It is my hope that a similar suit here in Illinois will have similar
results. I am writing in order to ask if my fellow members would support this
lawsuit. The lawsuit will not be cheap, and it will probably drag on for 3-4
years before final resolution. Whether we win or loose in the Circuit Court,
where the case must start, a case of this nature can only end in one place,
the Illinois Supreme Court. It is my hope that if the case is filed, and
battle is joined, we will garner support from individuals and groups. The
Ohio lawsuit gained the support of The Second Amendment Foundation, among
others, and I would hope they would see merit in supporting our cause here in
Illinois.
We must start this fight ourselves. We cannot wait and hope for SAF or GOA or
NRA to coming knocking with an offer to fight our battles for us. As John has said, more of us will be arrested in the future. And each time
that happens, we will have to support each other and fight a defensive
action. This lawsuit, if filed, will represent a counter-attack, and the
opening of a second front in the gun rights war here in Illinois. I am willing to be the public face of the lawsuit, as well as bearing part of
the financial burdens of the lawsuit. I cannot do it alone. If others wish to
join in as co-plaintiffs now or in the future, we can consult our attorney. At
this point I am only asking for an indication of your willingness to support
this project.
Thank you for your time and consideration,
Christopher Kyle Morley
Funds can be donated as follows:
Check To: Walter Maksym and Associates
Check Memo: Chris Morley Fund
Mailed to:
Concealed Carry, Inc.
PO BOX 4597
OAK BROOK IL 60522-4597
We will be needing funds over the long haul so those who want to wait and see are welcome to do so.
John Birch
President
Concealed Carry, Inc.
PO BOX 4597
OAK BROOK IL 60522-4597
Tel: 630 660-3935 Fax: 815 327-1152
Web: www.concealcarry.org
MOLON LABE - COME AND GET THEM
http://www.concealcarry.org/operation_ohio.htm
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
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