firearms within the City limits. The ban is virtually a blanket ban on sales andtransfers: Municipal Code § 8-20-100 states, in relevant part, that “no firearm may besold, acquired or otherwise transferred within the city, except through inheritance of the firearm.” MCC § 8-20-100(a).Plaintiffs in this case are a combination of Chicago residents and an associationof Illinois firearms retailers. Kenneth Pacholski, Kathryn Tyler, and Michael Hall areChicago residents who are licensed to possess firearms by Illinois and the City. R. 176,Pls.’ Statement of Facts (PSOF) ¶¶ 1, 2, 6. Pacholski, Tyler, and Hall would like toshop for firearms in the City.
¶¶ 11, 17, 21. Likewise, members of the Illinois Association of Firearms Retailers would like to sell firearms within the City.
Because both of these activities are currently illegal under the Municipal Code,Plaintiffs challenge, in Count II, the constitutionality of MCC § 8-20-100. Second Am.Compl. at 12-13. Plaintiffs similarly challenge, in Count VI, the constitutionality of theCity’s zoning ordinance, MCC § 17-16-0201, to the extent that it prohibits the
The City does not dispute the Association’s standing as a plaintiff in this case.
R. 158, Defs.’ Br. at 23-37. The Illinois Association of Firearms Retailers is anorganization that lobbies on behalf of firearms retailers and the retail firearms industry inIllinois.
R. 164, Defs.’ Statement of Facts (DSOF) ¶ 1; R. 165-2, Defs.’ Exh. 5, O’Daniel Dep.21:15-24. Its members sell firearms, operate shooting ranges, or both. Second Am. Compl. ¶ 4. Although membership in the Association is open to “anyone who seeks to expand thecommercial marketplace of the firearms retail industry,” voting membership is restricted tofederally licensed firearms dealers based in Illinois. R. 180-7, Pls.’ Exh. 78, O’Daniel Decl. ¶4. In light of the Association’s composition, and the relief sought in challenging the sales ban,it has associational standing to pursue the claim as a named plaintiff.
See Ezell v. City of Chicago
, 651 F.3d 684, 696 (7th Cir. 2011).
Case: 1:10-cv-04184 Document #: 238 Filed: 01/06/14 Page 3 of 35 PageID #:10988