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GILLESPIE v. CITY OF INDIANAPOLIS

No. 98-2691.

185 F.3d 693 (1999)

Jerald GILLESPIE, Plaintiff-Appellant, v. CITY OF INDIANAPOLIS, Indianapolis Police Department, and Michael Zunk, Chief Of Police, Defendants-Appellees, and United States of America, Intervenor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 9, 1999.

Attorney(s) appearing for the Case

William J. Friedman (argued), Santa Fe, NM, for Plaintiff-Appellant.

Dale R. Simmons (argued), Office of the Corporation Counsel, City Counsel Legal Division, Indianapolis, IN, for Defendants-Appellees.

Robert M. Loeb, Mark B. Stern (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, for Intervenor-Appellee.

Before CUDAHY, RIPPLE and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

By virtue of 1996 amendments to the Gun Control Act of 1968 which prohibit persons convicted of domestic violence offenses from possessing firearms in or affecting commerce, Jerald Gillespie can no longer carry a firearm. See 18 U.S.C. § 922(g)(9). As a result, he has lost his job as a police officer. Gillespie filed suit against the City of Indianapolis1 seeking to have the statute declared...

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