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IL CCW lawsuit brought against Mayor Daley and Chicago by handicap resident.
Circuit Court of Cook County Chancery Division ^ | 4.30.2002 | Chicagofarmer

Posted on 04/30/2002 5:38:07 PM PDT by CHICAGOFARMER

Christorpher K Morley has brought a lawsuit against the City of Chicago seeking injunctive relief to bear firearms and legally conceal and carry them for self protection, self defense, under the Illinois and United States Constitiutions by overturning and delcaring invalid unconstitutional and uneforceabole certain laws laws alled disarmanent victim disarmament laws.

Christorpher K Morley has been attacked 14 times by muggers, gang bangers going to and from work. Christ handicap is he suffers from permanent andpartial paralysis from cerebral palsy.

This is breaking news. More will follow.

Here is the entire 72 lawsuit.

* HTML version of the lawsuit *

* *

<p


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; US: Illinois
KEYWORDS: banglist; brady; ccw; guncontrol; millionmommarch; secondamendment; selfdefense
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This will be an expensive lawsuit.

Chris will be accepting assistence from any local or national organization to fight this fight.

1 posted on 04/30/2002 5:38:07 PM PDT by CHICAGOFARMER
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To: CHICAGOFARMER,bang_list
bump
2 posted on 04/30/2002 5:38:48 PM PDT by CHICAGOFARMER
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To: CHICAGOFARMER
Christorpher K Morley has been attacked 14 times by muggers, gang bangers going to and from work

I wish him the best of luck. 14 times is almost unbelievable - if I were mugged just once, I'd make the decision to carry "illegally."
3 posted on 04/30/2002 5:47:48 PM PDT by July 4th
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To: July 4th
>>"Christorpher K Morley has been attacked 14 times by muggers, gang bangers going to and from work

>>I wish him the best of luck. 14 times is almost unbelievable - if I were mugged just once, I'd make the decision to carry "illegally."

Don't think of it as "having been mugged." Think of it as having been allowed to "participate in the display of justifiable underclass rage."

4 posted on 04/30/2002 5:50:24 PM PDT by pabianice
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To: CHICAGOFARMER
This is great! And you're right, it will be expensive. But in any event, it's great someone is doing this.
5 posted on 04/30/2002 6:01:18 PM PDT by WillaJohns
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To: CHICAGOFARMER
Where is the NRA on this ione? They should be front and center with national headlines.

Daley is a kook - big time.

6 posted on 04/30/2002 6:03:55 PM PDT by chainsaw
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To: chainsaw
bump
7 posted on 04/30/2002 6:19:04 PM PDT by TheErnFormerlyKnownAsBig
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To: CHICAGOFARMER
All right!
8 posted on 04/30/2002 6:27:13 PM PDT by Standing Wolf
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To: All

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9 posted on 04/30/2002 6:27:30 PM PDT by Bob J
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To: CHICAGOFARMER
THe true civil rights groups should be backing Mr. Morley.
10 posted on 04/30/2002 6:30:15 PM PDT by hoosierham
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To: hoosierham
Perhaps the NRA will step up to the plate and live up to their billing as the nation's oldest civil rights group.
11 posted on 04/30/2002 6:39:48 PM PDT by FreedomPoster
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To: CHICAGOFARMER
I just donated.
12 posted on 04/30/2002 6:40:56 PM PDT by Mini-14
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To: CHICAGOFARMER
DALEY SUED APRIL 29, 2002 -     READ THE LAW SUIT IN ADOBE HERE
                                                                      READ THE LAW SUIT IN HTML HERE

It's been a long road but Christopher K. Morley with your help and under the legal counsel of Mr. Walter Maksym has filed suit against the City of Chicago and the State of Illinois. The objectives of the suit are:

  1. To restore the rights of peaceful law-abiding citizens to both keep and BEAR arms.
  2. To overturn the de facto handgun ban in Chicago and restore the people's right to be secure in their homes.

DETAILS:

Filed 2:34pm, April 29, 2002, Case Number: 02CH08462, Judge Aaron Jaffe, Rm. 2405, Cook County Circuit Court, Chancery Division

PRESS CONTACT: 630 660-3935

Below is the Genesis of this law suit.

OPERATION OHIO - ARE YOU UP FOR IT?
By Christopher K. Morley


A few weeks ago, John Birch mentioned that a member of Concealed Carry, Inc. was working on a "legal theory" which might advance our fight for a CCW law in Illinois.

The member in question is me, and I'm writing in order to ask my fellow members if they would support a lawsuit against the State of Illinois in which we will try to prove that the state's ban on concealed carry violates it's own state constitution, which reads :

"Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed." (Article 1, Section 22)

At this point, let me say that my purpose here is not to start a long running debate on what "the police powers" are or are not. The attorney I have been consulting says, in short, that the "police powers" refer to the State's right to regulate things which have a bearing on public safety, etc. These "police powers" however cannot over-rule guarantees set forth in the state constitution. Our contention, which has been voiced by others, is that the state's ban on CCW by law abiding citizens clearly violates the guarantee described above.

The attorney with whom I have been consulting (with John Birch's assistance) is a veteran litigator and an expert on constitutional matters. When I first approached him several weeks back to ask him about the viability of such a lawsuit, he said that he thought the case was strong and he was quite enthusiastic about pursuing it. He then offered to do preliminary research into the matter to further develop our options and approach.

Over dinner last night the three of us met again to discuss whether or not to proceed with the lawsuit. Our attorney friend had done a considerable amount of additional research and had even gone so far as to rough-draft the suit, at no cost. This sort of constitutional matter, he commented, was what folks like him dream about fighting.

Our strong points, among others are:

  1. Clear and simple legal arguments. The Illinois State constitution does not link RKBA to the militia. As far as the Illinois State constitution is concerned, RKBA is an individual right.
  2. Recent court decisions (Emerson and the Ohio CCW case) demonstrate that the courts are open to hearing pro-gun cases and deciding in favor of pro-gun arguments.
  3. The election season will help us in gaining publicity and support for the lawsuit. Yes, this will be a media circus. The candidates for state office who are trying to waffle on the CCW issue will be deluged by reporters asking their opinion on the "right-to-carry lawsuit". 
  4. A sympathetic lead plaintiff (yours truly). Our attorney friend thinks that my situation makes me the ideal lead plaintiff for this case; a disabled person who has no other way to fight back against a mugger, except with a gun. If there are other non-traditional, concealed carriers out there who wouldn't mind being a human bulls eye, drop me a line. A victory in this case would apply to EVERYBODY, not just gun-toting disabled people. My background will be useful in generating publicity and (hopefully) support, nothing more. As many of you are aware, a lawsuit was filed in Ohio a few years ago which sought to overturn that state' ban on concealed carry has been instrumental in pressuring the Ohio legislature into confronting the issue of concealed carry. It is my hope that a similar suit here in Illinois will have similar results. I am writing in order to ask if my fellow members would support this lawsuit. The lawsuit will not be cheap, and it will probably drag on for 3-4 years before final resolution. Whether we win or loose in the Circuit Court, where the case must start, a case of this nature can only end in one place, the Illinois Supreme Court. It is my hope that if the case is filed, and battle is joined, we will garner support from individuals and groups. The Ohio lawsuit gained the support of The Second Amendment Foundation, among others, and I would hope they would see merit in supporting our cause here in Illinois.

We must start this fight ourselves. We cannot wait and hope for SAF or GOA or NRA to coming knocking with an offer to fight our battles for us. As John has said, more of us will be arrested in the future. And each time
that happens, we will have to support each other and fight a defensive action. This lawsuit, if filed, will represent a counter-attack, and the opening of a second front in the gun rights war here in Illinois. I am willing to be the public face of the lawsuit, as well as bearing part of the financial burdens of the lawsuit. I cannot do it alone. If others wish to join in as co-plaintiffs now or in the future, we can consult our attorney. At this point I am only asking for an indication of your willingness to support this project.

Thank you for your time and consideration,
Christopher Kyle Morley

Funds can be donated as follows:

Check To:      Walter Maksym and Associates
Check Memo: Chris Morley Fund
 
Mailed to: Concealed Carry, Inc.
PO BOX 4597
OAK BROOK IL 60522-4597

We will be needing funds over the long haul so those who want to wait and see are welcome to do so.

John Birch, President
Concealed Carry, Inc.
PO BOX 4597
OAK BROOK IL 60522-4597
Tel: 630 660-3935 Fax: 815 327-1152
Web: www.concealcarry.org
MOLON LABE - COME AND GET THEM

13 posted on 04/30/2002 6:41:28 PM PDT by Mini-14
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To: Mini-14
thank you Mini-14
14 posted on 04/30/2002 6:42:54 PM PDT by CHICAGOFARMER
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To: July 4th
Like Bernhard Goetz?
15 posted on 04/30/2002 6:50:24 PM PDT by jadimov
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To: WillaJohns
This is great! And you're right, it will be expensive. But in any event, it's great someone is doing this.

*Yes it will be expensive. The 72 page lawsuit is very similar to the OHIO lawsuit. It is using the Ohio Supreme court Cincinnati case in the First District court, the Emerson lawsuit in Texas in the Fifth Circuit in the case of United Stats v Emerson as a base for the suit.*

Please emial this to 2nd amendment supporters requesting support. See post 13 for more current breaking new. Donations to the fund can be made below.

Donations can me made to www.concealcarry.org

*Donations to Christopher K Morley Fund *

end

16 posted on 04/30/2002 6:53:52 PM PDT by CHICAGOFARMER
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To: CHICAGOFARMER
This is very good. I recall many times from people who supported the right to keep and bear arms, that we must go on the offensive. Well, let's see them reach deep into their pockets for this one, because it is being on the offensive!
17 posted on 04/30/2002 7:06:41 PM PDT by marktwain
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To: CHICAGOFARMER
Let's pass the "fanny pack" tomorrow night at the 2d amendment meeting in Skokie.
18 posted on 04/30/2002 7:11:56 PM PDT by spintreebob
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To: CHICAGOFARMER
bump
19 posted on 04/30/2002 7:53:21 PM PDT by SJackson
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To: CHICAGOFARMER
I will bump the entire Illinois list tomorrow. I have the list ready, but it is at work, so tomorrow it shall be.
20 posted on 04/30/2002 8:01:38 PM PDT by Lazamataz
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