Shooting Ranges Get Chicago City Council Go-Ahead Shortly Before Previous Ban Struck Down In Court

In a move effectively striking down a previous ban on gun ranges within city limits, Chicago's City Council voted hurriedly and unanimously Wednesday to allow for indoor ranges to be licensed, though several caveats to the newly-approved ordinance dictate how and where they can operate. A judge ruled the gun-range ban illegal shortly after it was overturned by the Council.

As HuffPost Chicago wrote yesterday, the ordinance came largely as a reaction to a federal lawsuit against the city's ban on ranges. In order for one to obtain a firearm permit in Chicago, a prospective gun owner must go through a brief training course at a firing range. Since ranges had, until now, been banned within the city, those seeking a permit had to travel to the suburbs to pursue taking up arms legally.

Under the new ordinance, prospective Chicago gun owners can go to a range allowed under a special use permit, as the Chicago Sun-Times reported. Ranges within city limits must be fully enclosed and will only be allowed in manufacturing zones and must be located at least 1,000 feet away from any schools, parks, place of worship, day care facilities, liquor stores, libraries, museums, hospitals or residential districts. The ranges may only operate between the hours of 9 a.m. and 8 p.m.

(Scroll down to watch footage from the ordinance being approved in Wednesday's City Council meeting.)

The permits for the ranges are pricey -- $4,000 for every two years, according to NBC Chicago.

The National Rifle Association has criticized the ordinance as still too restrictive and has left the door open for another lawsuit, according to the Sun-Times' report.

Last year, the Supreme Court struck down the city's previous handgun ban and then-Mayor Richard M. Daley had forced through the previous ordinance that required range training without allowing ranges within city limits, which inspired lawsuits from gun-rights advocates, AP reported.

As expected, the previous provision banning firing ranges in Chicago was defeated in court shortly after the City Council approved their new ordinance Wednesday, according to Bloomberg.

“The plaintiffs are entitled to a preliminary injunction against the firing-range ban,” U.S. Circuit Judge Diane Syke said in her ruling [PDF]. "The harm to their Second Amendment rights cannot be remedied by damages, their challenge has a strong likelihood of success on the merits, and the city’s claimed harm to the public interest is based entirely on speculation.”

Watch video from the City Council meeting:

View more videos at: http://www.nbcchicago.com.

Comments

[CelticMajic]

09:13 AM on 07/07/2011

Suspect more litigation is on the way. Would like to know in the context of other permits to do business how the $4000 stands. One day even Chicago will allow their residents their civil/political rights. One day.

[David Carson]

01:10 PM on 07/07/2011

And CHicago's budget problems are going to get worse

[leonardstique1]

04:55 PM on 07/07/2011

The Miller case dealt with a sawed off shotgun, not the right to keep and bear arms itself

[AMlegion]

08:21 AM on 07/07/2011

4000 every two years for a special use permit. I've never seen a small independent gun range get rich. most struggle to keep doors open.

[lakefront liberal]

01:31 AM on 07/07/2011

As long as the zoning code allows for areas within the city for these ranges, then they're within the law. They can't just use the zoning code to outlaw these ranges all together, but they can restrict where they are, if I'm reading this correctly. If the alderman have de facto outlawed these ranges anywhere in the city with too restrictive zoning, then I'm sure there will be lawsuits.

I'm all for having people that have permits to have guns be well trained to use them. I don't want someone who doesn't know how to properly use and care for a gun anywhere near me. I've fired guns on ranges before, and having proper training is the best way to prevent accidents. If you have to take a test to get a license to drive a car, you should get training to properly use a gun.

[David Carson]

04:43 AM on 07/07/2011

While the process will be easier now than King Dick is gone (if nothing else--Emmanuel is smarter politically than Daley)--I have a suspicion that the city will have to shell out a few more million in legal fees before they get the message

[CelticMajic]

11:21 AM on 07/07/2011

Just read the decision (http://www.ca7.uscourts.gov/tmp/9C0R60TS.pdf) and since the city has ranges (for police) in areas other than the zone proposed, believe once again Chicago will be taken to court and once again will end up losing while the tax payer foots another legal bill.

[deans2cents]

09:25 PM on 07/06/2011

Exactly what chicago needsmore gunsbeing shot..and now they will be better shots.

[RevJimIII]

02:45 AM on 07/07/2011

The law abiding citizens will be better shots..  you don't really think criminals will utilize a range to practice.. do you?

[molonlabe]

01:14 PM on 07/07/2011

Yeah. Because Johnny Gangbanger is really concerned about hitting the range on Thursday afternoon before 'bussin' some caps' in his rival drug dealer on Friday night. Ranges frown upon holding your firearms cocked to the side. Something tells me the same thing will happen in Chicago just as in the rest of the country where law-abiding citizens practice their marksmanship skills......nothing.

[GoingBust]

06:41 PM on 07/06/2011

It looks like the new ordinance is as illegal as the old one.

"Ranges within city limits must be fully enclosed and will only be allowed in manufacturing zones and must be located at least 1,000 feet away from any schools, parks, place of worship, day care facilities, liquor stores, libraries, museums, hospitals or residential districts."

But the court decision clearly states:

"Similarly, the injunction should prohibit the City from using its zoning code to exclude firing ranges from locating anywhere in the city."

That pretty much kills the new ordinance adopted earlier today.

http://www.ca7.uscourts.gov/tmp/9C0R60TS.pdf

In fact, the decision orders the lower courts to enjoin about a half dozen other Chicago ordanances. Read the decision from "The plaintiffs asked the district court to enjoin the enforcement of Chicago Municipal Code § 8-20-280" forward to "Those are the bounds of the proposed preliminaryinjunction, which should be entered upon remand."

[David Carson]

08:08 PM on 07/06/2011

the aldermen REALLY need an attitude adjustment

[ChristopherAtom]

08:41 PM on 07/06/2011

Pistol Whipping?

[antonymous]

10:56 PM on 07/06/2011

"Similarly , the injunction should prohibit the City from using its zoning code to exclude firing ranges from locating anywhere in the city."

And you don't think this is too restrictive of Chicago's right to self-government? I guarantee most towns in even Texas or Florida wouldn't sign off on a gun range absolutely anywhere in the city the owners felt like opening one, nor should they be forced to.

Conservatives: All for small government and federalism, until they aren't because it does something they don't agree with.

[David Carson]

11:41 PM on 07/06/2011

antonymous--no I don't think it is too restrictive of the Chicago government--if they had been smart, it would not have gone this far