Herrera v. Raoul, et al.

Case Number: 1:23-cv-00532, N.D. Il.

Problem:

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, 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.

Action:

AFL sued to defend the Second Amendment rights of its client, 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 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.

Result:

AFL Filed for a Temporary Restraining Order and Preliminary injunction. The district court denied those motions and AFL has appealed to the U.S. Court of Appeals for the Seventh Circuit Court. 1:23-cv-00532, N.D. Il.

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