ChicagoGunCase.com

In October, shortly after we filed our Rule 16 motion (see Oct. 24 post below), the NRA filed similar motions in their companion case challenging Chicago’s handgun ban, as well as its case challenging Oak Park’s handgun ban. Although our cases do not perfectly overlap, the goal of all three Rule 16 motions in each case was the same: to seek an opinion from the Court that, as a matter of law, state and local governments are bound by the Second Amendment.

On Thursday, the District Court issued an opinion and order in the NRA cases, denying the motions. A similar opinion and order, adopting the Court’s rationale in the NRA cases, was entered in our case. The District Court ruled, essentially, that whatever the merits of our claims, it is bound by existing precedent holding that the Second Amendment does not apply to state and local governments. The order in our case denied not only our Rule 16 motion, but also our previously unresolved motion for summary judgment. A hearing is set in all three cases for December 9, to see where the matters now stand.

Although we would have preferred that the Court had ruled in our favor, we are not disappointed. From Day One, it was clear that this case would be decided conclusively on appeal. This development takes us one step closer toward the elimination of Chicago’s failed and unconstitutional gun ban, and for that, we are grateful.

We’ve been advised that the Court would prefer ruling on the Second Amendment incorporation issue not within the context of a summary judgment motion, but as presented in a Rule 16 motion to narrow the issues in the case.

On Tuesday, October 21, we obliged the Court and filed just such a motion.

Stay tuned….

Alan Gura will address the Gun Rights Policy Conference to be held in Phoenix, Arizona on September 26, 27, and 28. Alan will discuss the Chicago suit and post Heller litigation. You can attend FREE by registering at www.saf.org.

Today we filed two motions.  We believe the City’s Answer to the Complaint
has some problems.  And we’re moving for summary judgment.

Check out the case filing page for more information.

It’s been a while since we’ve updated this site, but that’s not owing to lack of movement in the case. In the wake of Heller, we’ve all been extraordinarily busy. But it is our intent to provide more timely updates and discussion of this important case going forward. We do get many inquiries about the status of the case, and wish to prevent the sort of misinformation that inevitably develops in odd corners of the Internet when news runs low. So, here’s an update recapping the first month of McDonald v. City of Chicago.

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For Immediate Release

Contact: Alan Gottlieb (425) 454-7012

BELLEVUE, WA – Following Thursday’s (5-4) ruling by the U.S. Supreme Court in the case of District of Columbia v. Heller that the Second Amendment protects an individual civil right to keep and bear arms, and that a municipal gun ban violates that right, the Second Amendment Foundation (SAF) and the Illinois State Rifle Association (ISRA) filed a federal lawsuit (complaint) challenging the City of Chicago’s long-standing handgun ban.

“Chicago’s handgun ban has failed to stop violent crime,” SAF founder Alan Gottlieb stated. “It’s time to give the Constitution a chance.”

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Paul Helmke, president of the Brady Campaign to Prevent Gun Violence said recently:

“We’ve lost the battle on what the Second Amendment means. Seventy-five
percent of the public thinks it’s an individual right. Why are we
arguing a theory anymore? We are concerned about what we can do
practically.”

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