Town's Regulation Of Firearms Is Consistent With Heller
JUSTICE v. TOWN OF CICERO (August 14, 2009)
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On the basis of an affidavit of a local building inspector asserting that John Justice was operating a business without a license and was likely illegally storing chemicals, a state judge issued a search warrant. During the search, the police discovered several unregistered guns. The town seized the guns and ticketed Justice for their possession. Justice responded with a lawsuit against the town and several individuals. Justice alleged a lack of probable cause for the search and challenged both the business license and firearm ordinance. He also asserted various antitrust claims arising out of the town's water supply charges. The district court dismissed the entire complaint for a failure to state a claim. Justice appeals.
In their opinion, Judges Bauer, Wood and Tinder affirmed. The Court took each of Justice's allegations in turn. With respect to his challenge of the business license ordinance, the Court noted that the town was a home-rule unit with the power to regulate and license. The Court agreed with the district court that the ordinance was a proper application of that power. The Court next rejected Justice's challenge to the search. The search was conducted pursuant to a properly issued warrant. With respect to the firearm ordinance, the Court noted the Supreme Court's recent decision in Heller, which struck down a District of Columbia handgun prohibition, and the Court's even more recent decision in City of Chicago, which concluded that the Second Amendment did not apply to the states. Justice has no case either because City of Chicago was decided correctly and the Second Amendment does not apply to the town, or, even if the Second Amendment does apply, the ordinance is consistent with Heller in that it only regulates – and does not prohibit - gun possession. Finally, the Court summarily affirmed the district court with respect to Justice's various claims with respect to the town's water supply practices. Water supply is a traditional government activity authorized by state law. The town is immune from both federal and state antitrust liability for its water supply activities.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select