The opinion of the court was delivered by: RUBEN CASTILLO
Plaintiffs Illinois Sporting Goods Association, Maxon Shooters Supply, Inc., Shore Galleries, Inc., Cook County Gun Collectors, Inc., Ronald Straff, William Klicka, and Paul Petersen (hereinafter collectively referred to as "plaintiffs") seek, inter alia, declaratory and injunctive relief against defendants Cook County and Barbara Bruno, in her official capacity as Director of the Cook County Department of Revenue (hereinafter collectively referred to as "defendants"). Plaintiffs seek declaratory judgment that the Cook County Firearms Dealer's License and Assault Weapons Ban Ordinance (the "Amended Ordinance"
) is unconstitutional under both the Illinois and United States Constitutions and is invalid on a variety of other grounds as well. Plaintiffs also seek preliminary and permanent injunctive relief enjoining enforcement of Article II of the Amended Ordinance. Plaintiffs' six count complaint attacks the Amended Ordinance on several grounds alleging that it violates due process (counts I, V, and VI) and equal protection (count IV), that it is the product of an invalid exercise of the Board's "home rule powers" under Article VII, § 6(a) of the Illinois Constitution (count II), and that it impermissibly conflicts with federal law (count III).
Defendants move to dismiss counts I, II, III, and VI; and, move for summary judgment on counts IV and V.
These motions as well as plaintiffs' motion for preliminary injunction are presently before the Court.
The recitals to the Ordinance reflect the findings of the Board that "the proliferation of firearms dealers and the easy access to firearms and ammunition has become a concern of public health, safety, and welfare for the citizens of Cook County[.]" Because the findings of the Board reflected in the recitals highlight the problems confronted by the Board--if not the Nation--and provide guidance as to the ends sought to be accomplished by the Board in enacting the Ordinance, we quote at length:
WHEREAS, of the 4500 trauma cases handled this year at Cook County Hospital 1,000 were due to gun shot wounds; and
WHEREAS, there are more federally licensed firearms dealers in Cook County than there are gas stations; and
WHEREAS, it is estimated that one in twenty high school students has carried a gun at least once in the past month; and
WHEREAS, the proximity of a gun shop to a school sends a message to the children about the acceptability of guns in our society; and
WHEREAS, there is no legitimate sporting purpose for the military style assault weapons now being used on our streets; and
WHEREAS, assault weapons are twenty times more likely to be used in the commission of a crime than other kinds of weapons; and
WHEREAS, both the Federal Gun Control Act of 1968, 18 U.S.C. § 927, and the Illinois Firearms Owners Identification Card Act, 430 ILCS 65/12.1, specifically provide that they do not preempt further local regulation of the sale and possession of firearms[.]
As originally drafted, Article II of the Ordinance made it unlawful for any person licensed under federal law to engage in the business of dealing in firearms at an address within Cook County to engage in that business without having applied for or obtained a Cook County firearms dealer's license pursuant to the Ordinance by February 15, 1994. See Ordinance, Art. II, § 2-2(a). The applicability of the Ordinance is specifically limited, however, such that (a) if the provisions of the Ordinance conflict "with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction," id. § 1-2(a), and (b) "If a municipality licenses firearms dealers under a municipal ordinance apart ...