A federal judge has denied Chicago’s request to dismiss a lawsuit filed by the owner of an area gun store.
After the Supreme Court struck down Chicago’s gun control laws in McDonald v. Chicago in 2010, Joseph Franzese was granted a license to open a Second Amendment Arms location downtown. However, Chicago Mayor Richard Daley and the City Council weren’t content to live in a city without harsh gun control. They redrafted their old laws into a new set of equally draconian and unconstitutional regulations and, based on these regulations, rescinded the permission they’d granted Franzese.
Consequently, Franzese sued. His initial complaint listed all the ways in which the new laws—such as “one-handgun-a-month” regulations, new registration requirements, the “assault weapons” ban and, of course, banning gun shops—prevented him from doing business. He further claimed the laws were meant to circumvent McDonald and deliberately deny Chicagoans their Second Amendment freedoms.On Wednesday, U.S. District Court Judge Robert Dow sided with the plaintiff, scheduling a Sept. 28 discussion of the amount of damages Chicago owes Franzese.
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