This article was published by The McAlvany Intelligence Advisor on Friday, September 1, 2017:
The Miniature Bull Terrier Club of America (MBTCA)’s website suggests that owners looking for a dog that is compliant and easily trained “would probably be better off with a [different] breed.” The average MBT is “persistent,” “stubborn,” “independent,” “doesn’t listen,” “bold and confident,” and “foolish to the point of self-destruction.”
Enter Alan Gottlieb, the founder and Executive Vice President of the Second Amendment Foundation (SAF). On the surface Gottlieb is presentable as a normal, well-behaved, articulate defender of the Second Amendment. His organization that began in 1974 now has more than 650,000 members, of which this writer is one. But put him into the same ring as Mayor Richard Daley or Mayor Rahm Emanuel of Chicago, and he becomes an MBT.
One of many examples surfaced on Wednesday when a federal judge denied a request to dismiss a case that the SAF helped bring against those mayors back in 2010. The judge, U.S. District Judge Robert Dow, not only denied the city’s request to dismiss the lawsuit – Second Amendment Arms v. City of Chicago – but set a date in September to hear arguments over just how much the city now owes the plaintiff. He is Joseph Franzese, the owner of a gun shop who applied for a license to operate right after the city was slammed by the Supreme Court in its 2010 ruling in McDonald v. City of Chicago. Franzese reasonably thought that, in the light of that decision, his request for permission to put in a gun shop in Chicago would be granted. And it was, for about a month. Then the city withdrew its permission, and the long battle began, with SAF taking on the case.
The original complaint listed all the reasons why Chicago’s “New Gun Ban Ordinance” – the one that replaced its “Old Gun Ban Ordinance” in name only – was unconstitutional. The new gun law included:
Limiting registration of no more than one handgun per month … and generally prohibiting the possession of [that] handgun by any person except in the person’s home;
Establishing a two-step process to own and register a handgun…;
Prohibiting handgun ownership by anyone who has been convicted of any violent crime, has two or more offenses for driving under the influence of alcohol or drugs, and under state law has been convicted of domestic violence;
Banning “assault weapons” and providing mandatory jail time … for anyone who is caught with one;
Requiring firearms safety training, both in a classroom and on a firing range;
Banning gun shops; and
Including “severe” penalties for violating the ordinance, including hefty fines and jail time.
Since its filing in June 2010, the city of Chicago’s lawyers, which have no doubt cost the city and its taxpayers millions, have filed more than 200 motions to delay, defer, derail, and otherwise employ every conceivable legal maneuver they could to wear out, bankrupt, and end the annoyance brought by Franzese.
It didn’t work.
Just as the mayors dug in their heels, so did Gottlieb. When he learned of the judge’s denial of the latest effort by Chicago, Gottlieb said:
We’ve already beat Chicago three times, in the McDonald case before the Supreme Court, and both Ezell 1 and Ezell 2 [which prevents Chicago from banning gun ranges inside city limits] before the federal court of appeals. I’m reminded of the folk song by Peter, Paul, and Mary that asked, ‘When Will They Ever Learn?’”
In its acknowledgement of the judge’s decision, the SAF said:
Since losing its gun ban fight in the Supreme Court’s 2010 McDonald ruling, Chicago has been digging its heels in deeper and deeper, throwing every kind of legal roadblock it could in an effort to delay what seems inevitable.
The city has got to follow the law and the Constitution, and as long as they keep fighting, we’ll keep suing.
Said Gottlieb, Franzese’s MBT: “That’s what winning firearms freedom one lawsuit at a time is all about.”
Sources:
MBTCA: What it’s like to train a Miniature Bull Terrier
PRNewsWire.com: Federal Judge Denies Chicago Motion In SAF-Backed Gun Shop Case
The original complaint: Second Amendment Arms v. City of Chicago filed 7/9/2010
Supreme Court’s ruling in McDonald v. City of Chicago, 2010
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