Litigation

ISRA Legal Action Page:

 

Info and Documents from current litigation by ISRA and other organizations

  • Friedman v. Highland Park - "Assault" Weapons Ban - ISRA
  • Shepard v. Madigan   -   Right-To-Carry   -   NRA, ISRA
  • ISRA v. Illinois State Police  -  FOID Privacy  -  ISRA
  • Moore v. Madigan  -   Right-To-Carry  -  SAF, IllinoisCarry.com
  • State v. Aguilar - Right-To-Carry
  • Ezell v. Chicago - Chicago Ranges / Firearm Training - SAF, ISRA
  • Heller v. DC - Court of Appeals Ruling

Friedman v. Highland Park

This federal lawsuit involves Arie Friedman, a Highland Park pediatrician, along with the Illinois 
State Rifle Association, filed suit against Highland Park on Dec. 12 in response to the city's new

ban on assault weapons.

Read the final breif here: As-filed Final Brief from Cockle.pdf

         

Shepard v. Madigan

This federal suit challenges Illinois' unconstitutional total ban on carrying firearms for self-defense outside the home.   The lead plaintiff is church treasurer Mary Shepard.  The ISRA is co-plaintiff in this case that is supported by the NRA.

From the NRA-ILA Press Release:

Mary Shepard is an Illinois resident and a trained gun owner with no criminal record, who is licensed to carry a concealed handgun in two other states. Because Illinois remains the only state that completely prohibits all law-abiding citizens from carrying firearms for self-defense outside the home, Mary Shepard also became a crime victim. While working as the treasurer of her church, Mrs. Shepard and an 83-year-old co-worker were viciously attacked and beaten by a six-foot-three-inch, 245-pound man with a violent past and a criminal record. Mrs. Shepard and her co-worker were lucky to survive, as each of them suffered major injuries to the head, neck and upper body. Mrs. Shepardï's injuries required extensive surgery and physical therapy. 

ïMary Shepard isn't just a victim of the violent criminal who attacked her," said Chris W. Cox, executive director of NRA�s Institute for Legislative Action. "She is also a victim of anti self-defense activists in the Illinois legislature who have consistently refused to recognize that good people have the right to protect themselves when they go about their everyday business. We're pleased that the legislature has come closer this year than ever before to changing the law, but close isn't good enough for Mary Shepard and the thousands of other Illinois residents who are prohibited by statute from defending themselves outside the home." 

Because Illinois statutes prohibit the right to keep and bear arms and the ability to carry handguns in Illinois, they infringe on the right of the people, including Mrs. Shepard, members of the ISRA and other law-abiding citizens to keep and bear arms as guaranteed by the Second and Fourteenth Amendments to the United States Constitution and are thus null and void. ...

The entire press release is posted on NRA-ILA.  

   

ISRA v. Illinois State Police 

This suit seeks to keep the Illinois State Police from releasing FOID information. 
The ISRA obtained a restraining order that prevents the ISP from releasing the info while the suit proceeds.

Illinois State Rifle Association Secures Temporary Restraining Order Against Release of Firearm Owners' Personal Information

PEORIA, Ill., March 11, 2011 /PRNewswire-USNewswire/ -- The following was released today by the Illinois State Rifle Association (ISRA): 

The ISRA is pleased to announce that it has secured a temporary restraining order against the release of personal information belonging to persons holding Illinois Firearm Owner Identification cards (FOID). The ISRA and four additional plaintiffs filed for the temporary restraining order after Illinois Attorney General Lisa Madigan announced that her office believes that release of FOID information to the public is proper under the Illinois Freedom of Information Act. The ISRA is very concerned that public release of personal information from the FOID database will jeopardize the safety of law-abiding firearm owners. ...

The entire press release is posted on PRNewswire.  

Appearance of ISP's attorneys 4/25/2011:  

Moore v. Madigan


This federal lawsuit alleges that Illinois statutes that completely ban the carrying of handguns for self-defense are "inconsistent with the Second Amendment." Joining SAF are two private citizens, Michael Moore of Champaign and Charles Hooks of Percy. Named as defendants are Illinois Attorney General Lisa Madigan and State Police Superintendent Patrick Keen.  The initial press release is posted on PRNewswire. 

Additional plaintiffs have been added: Illinois Carry,  and two more private citizens, Peggy Fechter of Carmi, and Jon Maier, a resident of Bloomington.  This info is in a additional press release is posted on PRNewswire.

 

State v. Aguilar


This case involves the constitutionality of a law which Alberto Aguilar was charged and convicted of, that being aggravated use of a weapon.   The case was appealed by Aguilar to the first district court of appeals on grounds the law is unconstitutional.  The case was affirmed at the Appellate Court level as originally ruled by the trial courts judgment.  The case has been brought to the Illinois Supreme Court seeking to reverse the Appellate Courts decision.
ISRA filed an amicus brief (a friend of the court) and included CORE (Congress of Racial Equality) and The Pink Pistols.  Certain Illinois legislators also filed amicus briefs.


Ezell v. Chicago


Capitalizing on its federal appeals court victory Wednesday in Ezell v. City of Chicago, the Second Amendment Foundation today moved for a preliminary injunction against the State of Illinois to prevent further enforcement of that state's prohibitions on firearms carry in public by law-abiding citizens.

The motion was filed in U.S. District Court for the Central District of Illinois in Springfield. Joining SAF in this motion are Illinois Carry and four private citizens, Michael Moore, Charles Hooks, Peggy Fechter and Jon Maier. The underlying case is known as Moore v. Madigan.  The initial press release is posted on PRNewswire.

 

Heller v. DC

Court of Appeals Ruling


Wilson V. Cook County

ISRA SUPPORTED SUIT AGAINST COOK COUNTY SUCCEEDS IN STATE SUPREME COURT 
 
  A case brought against Cook County, challenging its “Assault Weapon” ban passed in 2006, has finally been decided favorably for the ISRA backed Plaintiffs. The case of Wilson, et al. vs Cook County et al., was returned to the State Appellate Court pursuant to the Supreme Court’s exercise of its judicial authority, and the First District Appellate Court has been ordered to vacate its decision and reconsider the case based on the recent decision in McDonald vs. City of Chicago. McDonald was a landmark decision by the United States Supreme Court in which ISRA was one of the Plaintiffs. In a move that surprised all parties to the litigation, the First District Appellate Court ordered both plaintiffs and defendants to file simultaneous briefs in 15 days, with no Reply briefing allowed. The Appellate court’s Order came within days of the Supreme Court’s issued mandate, which directs the Appellate Court to vacate and reconsider.
 The purported “assault weapons,” as defined under the very broad and vague terms of the subject County Ordinance, include numerous semi-automatic handguns and rifles, including the Ar-15, M -1 Carbine, Smith & Wesson P99 pistol, Smith & Wesson 22A, Browning BAR Longtrack, Winchester Super X Rifle, and the Mini-30 Ranch Rifle just to name a few Since the lawsuit was filed in early 2007, the enforcement of the Ordinance has been at a virtual stand-still, and the objective of the ISRA is to see that this unwarranted ban is overturned with finality. A supplementary brief is being filed and the decision of the Appellate Court is expected soon. If required, ISRA is prepared to back this case to the U.S. Supreme Court.  

 

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