WASHINGTON, D.C. – Today, America First Legal (AFL) proudly partnered with Consovoy McCarthy as co-counsel in filing a new lawsuit on behalf of a client against the Attorney General of Illinois, Kwame Raoul, the Director of the Illinois State Police, Brendan F. Kelly, the City of Chicago, Cook County, and other defendants for violating the Second Amendment by banning the purchase of America’s most commonly owned semi-automatic rifle, the AR-15, and standard magazines.
On January 10, 2023, the Illinois Governor signed into law a ban on the sale, purchase and possession of rifles and standard capacity magazines. Cook County and the City of Chicago already had restrictive gun laws in place. All of the restrictions at issue in this case contravene the Second Amendment, which protects an individual’s right to keep and bear arms. As the Supreme Court has stated, this right is not a “second-class right” from all others in the Bill of Rights, and while States may regulate “dangerous and unusual weapons,” those in “common use” are undeniably beyond any state’s power to ban.
The plaintiff in this case is an emergency room doctor at a Chicago area public hospital, who also teaches tactical medicine at a public university and serves as a medic on a Chicagoland SWAT team. As a medic, he is trained to provide medical aid to police officers, bystanders, perpetrators, and any others who may be injured at the scene of an incident. He is dedicated to serving his community and is a law-abiding resident of Chicago with a valid Firearm Owner’s Identification Card and concealed-carry license. He owns firearms for self-defense, hunting, and sport shooting.
He attends team training monthly. He would cross-train with the team’s operators to maintain his proficiency and familiarity with the AR-15, the rifle used by the SWAT team’s operators. Yet the restrictive laws in question, which clearly infringe upon his Constitutional rights, render his participation in monthly training drills and otherwise a practical impossibility.
The lawsuit seeks temporary, injunctive, and declaratory relief that would preclude the enforcement of the restrictive laws in question.
Statement from Gene Hamilton, America First Legal Vice-President and General Counsel:
“All Americans have the right to keep and bear arms–the Second Amendment does not contain an exception for citizens living in the State of Illinois, Cook County, or the City of Chicago. We are proud to stand with our friends at Consovoy McCarthy in support of our client against these radical restrictions,” said Gene Hamilton.
Read the complaint here.
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