Illinois legislature fails at CCW, Lawsuits begin.

[drewtam]

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 as co-plaintiff is the Illinois State Rifle Association, the NRA’s state affiliate.

BELLEVUE, WA - The Second Amendment Foundation has filed suit in federal court in Illinois, challenging the state's complete prohibition on the carrying of firearms in public for the purpose of self-defense.

The 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. SAF is represented by attorneys David Jensen and David Sigale. The lawsuit was filed in U.S. District Court for the Central District of Illinois.

It looks like the SAF and NRA/ISRA are using separate suits to see which one gets the furthest. Looks like the ISRA/NRA suit has a good backstory written up.

Does anyone know if Alan Gura is working either of these cases?

It would be amazing to me if either of these cases get anywhere. But I was pleasantly surprised by Heller and McDonald too. The logical basis of these suits seem sound to me, but that doesn't mean the Districts and Appellates will see it the same way.

[Scout26]

Either we win or appeal.  One way or another we get what we want or have the Men in Black explain to the Chicago Dems what the word "bear" means.

[AJ Dual]

Should be interesting. Such a strategy never would have worked in WI, because there was always the alternative of open carry here, at least in theory.

[Matthew Carberry]

I don't think they necessarily "need" to win.  After all, there's no guarantee the Courts will force a shall-issue or OC or anything remotely desireable.

What this does do is give political cover and economic ammo to the 5 or 6 remaining votes necessary to pass the shall-issue bill which is still alive in the Legislature.

Daley et al can fume all they want but in these times, with even the anti's paying lip service to fiscal responsibility, the pro-carry folks simply have to start listing the costs involved with suits and appeals.

That may be enough for some fence-sitters to shake their heads and vote "aye" on grounds of "fiscal responsibility".

Anyway, if I were in the Illinois carry movement that's what I'd be pushing rather than wait and hope for some judge-made law that will please no one a couple years worth of appeals down the road.

They have a great bill as it stands, they can't do much better and it is not realistic they'd get "Vermont-carry" (which would still leave them without reciprocity with many states).

They need to use the suits as a stick, not a goal.

[Scout26]

I don't think they necessarily "need" to win.  After all, there's no guarantee the Courts will force a shall-issue or OC or anything remotely desireable.

What this does do is give political cover and economic ammo to the 5 or 6 remaining votes necessary to pass the shall-issue bill which is still alive in the Legislature.

Daley et al can fume all they want but in these times, with even the anti's paying lip service to fiscal responsibility, the pro-carry folks simply have to start listing the costs involved with suits and appeals.

That may be enough for some fence-sitters to shake their heads and vote "aye" on grounds of "fiscal responsibility".

Anyway, if I were in the Illinois carry movement that's what I'd be pushing rather than wait and hope for some judge-made law that will please no one a couple years worth of appeals down the road.

They have a great bill as it stands, they can't do much better and it is not realistic they'd get "Vermont-carry" (which would still leave them without reciprocity with many states).

They need to use the suits as a stick, not a goal.

Yep, that's exactly what they are.  Big ol' clubs....to be applied to the heads of Chicago Dems....

[drewtam]

Matt, It seems the ISRA agrees with you.

SPRINGFIELD, Ill., May 15, 2011 /PRNewswire-USNewswire/ -- The following was released today by the Illinois State Rifle Association (ISRA):

Illinois gun control advocates and their allies in the General Assembly delivered a "triple-whammy" against public safety recently when they sabotaged passage of HB148.

Under the provisions of HB148, well-trained, well-qualified Illinois citizens would be permitted to carry defensive firearms to protect themselves and their families from violent criminals.  At the same time, HB148 would have provided upwards of $40 million in permit fees to the Illinois State Police to pay for upgrades to the state's antiquated gun buyer background check system.

But, thanks to the short-sighted efforts of the gun control movement and its friends in the Illinois House, tens of thousands of law-abiding Illinois citizens will continue to suffer at the hands of murderers, robbers and rapists because they cannot lawfully defend themselves.  Likewise, the gun control movement can take credit for saddling the state police with a background check system based on software developed in 1959.

Rounding out the triple whammy-against the citizens of Illinois is the fact that the actions of gun control advocates are to blame for a pair of lawsuits filed this week in federal court against the State of Illinois.  Both lawsuits – one filed by the Second Amendment Foundation (SAF), the other filed by the National Rifle Association (NRA) and the ISRA – contend that the state is damaging law-abiding citizens by prohibiting the carrying of defensive firearms.

In a nut shell, the gun control movement's efforts the kill HB148 have ensured that Illinois remains one of the most dangerous places to live in the United States.  In addition to causing the loss of $40 million for better background checks, the gun control movement is now responsible for Illinois having to shell out millions in taxpayer dollars to pay legal bills related to the SAF and NRA/ISRA lawsuits.  Once again, the extremist views of the gun control movement are costing the good people of Illinois dearly.

"The ISRA is very excited about being a plaintiff in the NRA/ISRA lawsuit," commented ISRA Executive Director, Richard Pearson.  "This lawsuit defines the cutting edge of one of the most important questions of the day.  That is, does the state have the right to decide who is worth defending and who is not?"

"The fact that two lawsuits have been filed against the State of Illinois this week is proof-positive that this issue is not going to go away," continued Pearson.  "The behind the scenes political gamesmanship that resulted in the scuttling of HB148 has not diminished the resolve of the good people of Illinois.  Whether it is in the courts, in the legislature, or at the ballot box, we will relentlessly push forward until the citizen's right to self defense is restored in Illinois."

The ISRA is the state's leading advocate of safe, lawful and responsible firearms ownership.  For more than a century, the ISRA has represented the interests of millions of law-abiding Illinois firearm owners.