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Old March 9, 2013, 10:53 PM   #201
Spats McGee
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I think you are missing something. Yes, Chicago has an extensive permitting process. So? According to the 2nd Amended Complaint, none of the eleven ranges in Chicago are open to the public. The City admits the ranges that it runs, admits the ranges that Brinks Security runs, and denies the rest. If the Plaintiff is correct, there are no public or private ranges at which she could have signed in. Even if there were some privately-owned ranged where she could have signed in, I'd be troubled by the prospect of the city rummaging through the records of every privately-owned range to see if she had ever signed in.

On top of the A4 implications of such a move, which are large, there's the problem of cost. That's the expensive way to find out if she's a resident. The cheap way is to just take her deposition and ask her where she lives. At that point, there's sworn testimony on the record about her residency and we can all move on.

The mere fact that something is "likely," as seems to be the case with Ezell's residence and citizenship, is not sufficient to admit something on your client's behalf. To do so could be malpractice, especially if it later turns out that the particular fact which you admitted could have, if denied, gotten the whole case against your client dismissed.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

Last edited by Spats McGee; March 9, 2013 at 10:58 PM. Reason: Punctuation needed
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Old March 9, 2013, 10:55 PM   #202
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Point taken.
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Old March 11, 2013, 10:24 AM   #203
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The Chicago Card which entails a NRA class, FOID card and registration at a Chicago Police Station followed by a background check, should establish the individual is a person and a resident of Chicago (who else would want one?.
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Old March 13, 2013, 11:19 PM   #204
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Jeez guys, let's make a mountain out of a molehill. An answer, unless verified, is not an evidentiary document; rathr its purpose is to delineate that which is in issue. If the defendant does not have personal knowledge of a particular fact, no matter how minor, the Federal Rules do not require that he admit such fact, even if the fact is probably true. A denial merely requires the plaintiff to prove that fact. And in federal practice, a lot of these thigs go by the wayside at the final pre-trial conference, where both sides have to specify those facts that are disputed--in detail. (It is a real pain to put together the required pre-trial statement.) That way the court streamlines the evidentiary and legal issues to be decided. It just happens at the end of the line, not qt the beginning, after discovery has been had. So don't fret about what the City put in its answer, including affirmative defenses that have already been ruled upon, as this then preserves the issue for appeal, should that be necessary.
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Old April 20, 2013, 11:17 AM   #205
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2A Challenge to Gun Dealer Ban in Chicago Suburb Can Go Forward

Judge Thomas M. Durkin, US District Court for the Northern District (Eastern Division) of Illinois, denied in part the defendant, Village of Norridge's motion to dismiss. So the case can go forward.

It seems like this case could resolve Ezell before Ezell resolves itself...

I think the part that was upheld (dismissed) was a claim by the plaintiff that Village of Norridge engaged in deceptive trade practices and jerked them around as they tried to open their business (not a 2A claim)

Last edited by Luger_carbine; April 20, 2013 at 11:24 AM.
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alan gura , chicago , ezell v. chicago , rkba , saf , second amendment

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