Man Wants to Open Gun Shop in Lincoln Park

Joe Franzese contends new ordinance is unconstitutional

Friday, Jul 9, 2010  |  Updated 10:30 PM CDT
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Man Wants to Open Gun Shop in Lincoln Park

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A man who wants to open a gun shop in Chicago is taking the city to federal court over its tough new gun control ordinance that also bans gun dealers from the city.

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A man who wants to open a gun shop in Chicago is taking the city to federal court over its tough new gun control ordinance that also bans gun dealers from the city.

The lawsuit filed Friday follows another lawsuit filed in response to the ordinance passed this month that imposes strict rules on gun owners. The ordinance was passed in response to a Supreme Court decision that made the city's handgun ban unenforceable.

Like a previous lawsuit by four Chicagoans and gun sellers group, this one filed by a suburban Chicago gun dealer Joe Franzese argues the new ordinance is unconstitutional.

"That would be like allowing people to read books, then outlawing libraries and bookstores," said attorney Walter Maksym, according to the Chicago Tribune.

City officials argue banning gun shops is legal, saying it doesn't infringe on the right to own a gun because there are many gun shops near the city.

"In my mind the Supreme Court has said there is a right to have handguns in the home for self-defense. That is not an unlimited right but is subject to reasonable restriction," said Georges. "We feel that we have imposed reasonable restriction. It is up to the courts to tell us if they are."

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