A citizen's Second Amendment rights are at the center of a heated legal battle in Chicago. Martin Bailey filed a complaint on June 4, 2024, in the United States District Court for the Northern District of Illinois against Officer Joseph D. Vecchio and the City of Chicago, alleging malicious prosecution and violation of his constitutional rights.
The lawsuit stems from an incident on March 3, 2023, when Bailey was stopped by Officer Vecchio while driving in Chicago. Despite presenting a valid concealed carry license issued by Indiana, Bailey was arrested for unlawful possession of a firearm. The complaint alleges that Vecchio knew Bailey was legally permitted to carry the firearm but proceeded with false charges, leading to Bailey's detention, vehicle impoundment, and confiscation of his firearm. The City of Chicago has refused to return Bailey’s lawfully licensed firearm even after he was exonerated in both criminal and administrative hearings.
Bailey's ordeal began during a routine traffic stop when Officer Vecchio asked if he had any weapons in his vehicle. Upon confirming that he had a legally licensed firearm, Bailey provided documentation proving his concealed carry permit. However, despite this evidence, Vecchio arrested him and initiated criminal charges for unlawful possession of a firearm. The complaint details how Bailey's car was towed and impounded based on these charges, causing him significant financial loss and emotional distress.
The case highlights the ongoing tension between individual gun rights and municipal regulations in Chicago. According to the complaint, fourteen years after the landmark Supreme Court decision in McDonald v. City of Chicago (2010), which affirmed citizens' rights to possess firearms within municipalities, some police officers still act as though these rights do not exist. This case is seen as an effort by Bailey to vindicate his Second Amendment rights.
Bailey seeks compensatory damages for the financial losses incurred due to towing fees and legal expenses, punitive damages for the malicious actions taken against him by Officer Vecchio, and reasonable attorney’s fees. Additionally, he requests an order compelling the City of Chicago to return his confiscated firearm.
Representing Martin Bailey is attorney Devlin Joseph Schoop from Henderson Parks LLC. The case will be presided over by Judge Yolaine Dauphin under Case ID: 1:24-cv-04629.