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City of Chicago v. Haworth

Case Date: 02/26/1999
Court: 1st District Appellate
Docket No: 1-97-1588

City of Chicago v. Haworth, No. 1-97-1588

1st Dist. 2/26/99

SIXTH DIVISION

FEBRUARY 26, 1999

No. 1-97-1588

CITY OF CHICAGO, a Municipal Corporation,

Plaintiff-Appellee/Cross-Appellant,

v.

DON HAWORTH,

Defendant-Appellant/Cross-Appellee.

 APPEAL FROM THE CIRCUIT

COURT OF COOK COUNTY.

HONORABLE JOHN J. SCOTILLO,

JUDGE PRESIDING.

PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:

Plaintiff, the City of Chicago, a Municipal Corporation (City), brought this action against defendant, Don Haworth (Haworth), a private detective, for his failure to register a firearm in violation of a municipal firearm registration ordinance. Following a bench trial, Haworth was found guilty of the ordinance violation and sentenced to six months court supervision, and the trial court ordered the firearm destroyed. The trial court granted Haworth's subsequent motion for release of the firearm.

Haworth now appeals the trial court's order of March 7, 1997, denying his motion for a new trial. On appeal, Haworth contends that the state law regulating private detectives preempts home-rule authority by the City to regulate handguns. The City cross-appeals from the trial court's order of March 17, 1997, releasing the confiscated firearm. For the following reasons, we reverse in part and affirm in part.

The record reveals the following relevant facts. On June 5, 1996, Haworth, a licensed private detective was arrested by Chicago Police Officers and charged with failure to register a firearm in violation of the Municipal Code of Chicago (Code). Chicago Municipal Code