Ezell v. City of Chicago

Dist. Ct. did not err in permanently enjoining defendant-City from enforcing zoning ordinance that allowed gun ranges only as special uses in manufacturing districts, since: (1) said ordinance dramatically limited ability to site shooting range within City limits, which, in turn, severely limited citizens’ Second Amendment right to maintain proficiency in firearm use via target range; and (2) defendant could only assert speculative claims of harm to justify ordinance. Moreover, while Dist. Ct. upheld zoning ordinance that prohibited gun ranges within 100 feet of another range or within 500 feet of residential district and other uses, Ct. of Appeal found that said ordinance violated Second Amendment because it also severely limited ability to site shooting range within City limits, without corresponding proof of safety hazard. Dist. Ct. also erred in upholding ordinance banning anyone under 18 years old from entering shooting range, since such restriction was overbroad, where teenagers could safely be taught to shoot. (Partial dissent filed.)