Self-Defense Law Suit in Illinois

[Mauser720]

NRA Files Suit Against Unconstitutional Ban
on Carrying Firearms for Self-Defense in Illinois

Fairfax, Va. -- The National Rifle Association is funding and supporting a lawsuit that challenges the constitutionality of Illinois’ complete and total ban on carrying firearms for self-defense outside the home. The case, filed today in the United States District Court for the Southern District of Illinois, is Shepard v. Madigan. The lead plaintiff is church treasurer Mary Shepard; joining her is the Illinois State Rifle Association, the NRA’s state affiliate.

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. Shepard’s injuries required extensive surgery and physical therapy.

“Mary 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.

Cox concluded: "In its historic Heller and McDonald decisions, the U.S. Supreme Court made clear that the Second Amendment protects a fundamental, individual right to keep and bear arms. Mary Shepard's story highlights the need for law-abiding citizens to be able to fully exercise their Second Amendment rights. Whether through the legislature or through the courts, we won't rest until that happens."

The NRA has also filed or supported the following cases to preserve Second Amendment freedoms across the United States since the historic Heller and McDonald rulings, and expects to file more in the coming months:

Benson v. City of Chicago, challenging Chicago's unconstitutionally burdensome handgun restrictions;

Heller v. District of Columbia (Heller II), challenging Washington, D.C.'s overly restrictive firearm registration requirements and ban on commonly owned rifles;

Jackson v. City of San Francisco, challenging that city's gun storage and ammunition regulations;

Jane Doe v. Wilmington Housing Authority, challenging prohibitions on firearms ownership in Delaware public housing;

Jennings v. Bureau of Alcohol, Tobacco, Firearms and Explosives, challenging the federal law that prohibits law-abiding adults between the ages of 18-20 from buying handguns from licensed dealers;

NRA v. McCraw, challenging Texas' law that bans issuance of handgun carry permits to 18-20 year old adults; and

Peruta v. City of San Diego, challenging that city's refusal to issue handgun carry permits to law-abiding applicants.

-- NRA--

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

[mrerick]

Ron,

Thanks for posting this. I'm happy to see someone with direct interest (Mary Shepard) challenging the Illinois position on self defense carry.

I recently videotaped Alan Gura (the lawyer that brought the Chicago MacDonald lawsuit and the Washington Heller lawsuits) discussing his efforts, the overall efforts of the gun rights community and the NRA.

The video is at: YouTube (click here) and was videotaped at the recent Grass Roots North Carolina dinner.

The net of his address that night was to warn about problems that happen when an organization that is focused on political lobbying gets involved with constitutional litigation.

They are two different things. They have very different impact and long term effects. They are done in different ways.

I'm a Life NRA member, and a NRA certified instructor. I urge members here to view Alan's short video and get in touch with the NRA about their litigation activities.

Marc

[Arizona Slim]

This is my first post, although a member of this forum for the past several years and I sincerely apologize if my response is not in the appropriate place or out of line in any way.
I offer my thanks to both of these gentelmen, Ron & Marc for their posts. I am, unfortunately, a resident of Illinois (downstate), I say "unfortunately" because we have had to live under the thumb of two very powerful and very anti-gun mayors for a combined total of 43 years that actually made the decisions for the entire state. I am referring of course to Richard J. Daley, 21 years and his son, Richard M. Daley, 22 years, Mayors of Chicago and now followed by their carbon copy, Rahm Emanual. Our Govenor, Pat Quinn has refused to sign any pro-gun legislation that crosses his desk. I'm afraid that unless we are successful in this upcoming court battle their will continue to be many more Mary Shephards. I have been a member of the NRA since 1961 and will continue to give my support.

[mrerick]

Hi Lonnie, and good to hear from you.


My family is from Greene County and Pike County Illinois in the West Central part of the state.

I'm from Evanston, Illinois. When I was in High School in the 1960's I learned to shoot in the basement of the High School using their DCM rifles. My biology teacher was our coach.

Clearly, much has changed for the worse in Illinois. I consider Illinois the poster child for what's wrong with 2nd amendment rights in the USA.

These issues need to be taken on. If it's done properly, these rights will be restored to law abiding citizens. If it's done inexpertly, things could be significantly set back.

And that's the point that Alan Gura makes.

Marc

[Arizona Slim]

Marc, thank you for your reply, it's good to hear from someone that understands the problems that gun owners in Illinois are up against.

Lonnie