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


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#1 Chris

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Posted 13 May 2011 - 01:45 PM

http://www.nraila.or...s.aspx?ID=15127

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

Friday, May 13, 2011

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.


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#2 05FLHT

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Posted 13 May 2011 - 01:46 PM

So much win...

ETA - anybody else wanna file a suit today?
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#3 GlockShooter

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Posted 13 May 2011 - 01:50 PM

Great news!

However...

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.


I'm pretty sure she has licenses from two other states, which allow her to carry in 30+ states. It would be nice to see that corrected.

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#4 Bud

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Posted 13 May 2011 - 01:50 PM

So much win...


Another "win" in progress

Now, Representative Phelps needs to start fighting for passage of House Bill 148 "in order to prevent the Court from making a decision that bthe FOID is a concealed carry permit."

Donate now to Illinois Carry, join the iSRA and the NRA and make a donation to the SAF.

Bud

 

 

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#5 Skorpius

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Posted 13 May 2011 - 01:55 PM

Pile em' on! :thumbsup:
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#6 ming

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Posted 13 May 2011 - 01:56 PM

Good job by both the NRA and the SAF. :thumbsup:

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#7 rott

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Posted 13 May 2011 - 02:05 PM

Now this just makes me smile...it's a good day!

#8 3ddiver

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Posted 13 May 2011 - 02:11 PM

It would have been MUCH easier to punch that yes button wouldnt it :thumbsup: I dont know if these law suits will help 148 pass or if the courts will decide it but the ball just picked up speed I would say.

#9 snubjob

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Posted 13 May 2011 - 02:13 PM

Now this just makes me smile...it's a good day!

Me too!!! And i might also say, IT'S ABOUT DAMN TIME!!!

#10 Zia Son

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Posted 13 May 2011 - 02:25 PM

Because of this I just renewed my NRA membership AND joined the ISRA (moved here recently) !

#11 snubjob

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Posted 13 May 2011 - 02:25 PM

It would have been MUCH easier to punch that yes button wouldnt it :thumbsup: I dont know if these law suits will help 148 pass or if the courts will decide it but the ball just picked up speed I would say.

I think it would be a good idea for Rep. Phelps to try it again. This time with a little more emphasis on the " Shove it down your throat" part! These lawsuits are NOT going to go away just because the Chicago machine wants them to. At least i hope not!

#12 robinp

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Posted 13 May 2011 - 02:26 PM

Thanks Mary Shepard, thanks SAF, thanks NRA, thanks ISRA, thanks IC, thanks GSL, thanks Rep Phelps, thanks Todd and thanks for all those who have worked so hard up to this point. I'm encouraged by today's updates. Lets roll.

#13 snubjob

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Posted 13 May 2011 - 02:28 PM

Thanks Mary Shepard, thanks SAF, thanks NRA, thanks ISRA, thanks IC, thanks GSL, thanks Rep Phelps, thanks Todd and thanks for all those who have worked so hard up to this point. I'm encouraged by today's updates. Lets roll.

That goes for me too!

#14 rott

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Posted 13 May 2011 - 02:29 PM

Thanks Mary Shepard, thanks SAF, thanks NRA, thanks ISRA, thanks IC, thanks GSL, thanks Rep Phelps, thanks Todd and thanks for all those who have worked so hard up to this point. I'm encouraged by today's updates. Lets roll.


A big +1 on this.

#15 USArmyRet

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Posted 13 May 2011 - 02:30 PM

Too many orgasms in one day is too much for this ole man.............but!!!! what the heck. :thumbsup:
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#16 Black Flag

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Posted 13 May 2011 - 02:36 PM

Too many orgasms in one day is too much for this ole man


I hope that there is no emoticon for that.

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#17 burningspear

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Posted 13 May 2011 - 02:39 PM

Great. Stupendous.

#18 mrmagloo

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Posted 13 May 2011 - 02:39 PM

What a perfect plaintiff! God, you couldn' have scripted that any better! Essentially making the state complicit for denying her 2nd amendment rights. Awesome stuff!

#19 chip

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Posted 13 May 2011 - 02:43 PM

Proud of my NRA!

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#20 sirflyguy

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Posted 13 May 2011 - 02:46 PM

Awesome!

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#21 tms119

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Posted 13 May 2011 - 02:55 PM

Finals are over and now this? Dang I'll be smiling all week haha.

#22 ike

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Posted 13 May 2011 - 02:57 PM

wonder if their short hairs are a hurtin yet ? lets take a count -2 lawsuits, 65 reps that voted for 148,or put another way ,only 3 reps outside of Chicago Land voted no on 148 and Daley leaves today and no mayor till Monday. You reps that voted no may want to give us a call and get on the bus , before :thumbsup:

#23 snubjob

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Posted 13 May 2011 - 03:08 PM

wonder if their short hairs are a hurtin yet ? lets take a count -2 lawsuits, 65 reps that voted for 148,or put another way ,only 3 reps outside of Chicago Land voted no on 148 and Daley leaves today and no mayor till Monday. You reps that voted no may want to give us a call and get on the bus , before :thumbsup:

I would like to think that HB148 would stand a good chance based on what you say, but remember where we are! I'd love to see Rep. Phelps try it again,but i just can't believe that the machine is going to let that happen. They'd rather see the state spend OUR money to fight OUR constitutional rights! Sure does get disgusting living in the most screwed up state in the nation! All my family is here. If not for that, i'd be OUTTA HERE!

#24 Tvandermyde

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Posted 13 May 2011 - 03:16 PM

I would like to thank Valinda for her help in bringing Mary to us and helping get this off the ground. She has been a very big help and made this much easier.

We started on this last year, and was part of an overall strategy in how we would approach this issue. While I do not get to control all the decisions, timing and logistics, I have had imput on making this happen.

But Valinda and MAry Shepard made it a lot easier on me. Thank you both.
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#25 lieut89

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Posted 13 May 2011 - 03:22 PM

This is great news! And I am also happy that there are suits coming from multiple fronts. I have, and will be donating to all entities involved in the two suits filed today. Not knowing much about the plaintiffs of the SAF filed suit however, the bulk of my available funds will be directed toward the NRA. I don't have a lot to give, but I will give what I can.

#26 oneshot

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Posted 13 May 2011 - 03:23 PM

AP Newswire - The newly founded Oneshot Rifle Association filed suit against the State of Illinois today...


They're bringin' in the big guns! Look out!!! Posted Image

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#27 Kenny

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Posted 13 May 2011 - 03:32 PM

Now if this goes to a long court battle, Could I have a lawsuit that the state is using my tax money to fight against me & not pay my taxes? It makes sense, I am a small business owner I am not going to give my competition money to run negative TV ads about me!! It is the same thing in my book.
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#28 ChicagoSigFan

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Posted 13 May 2011 - 03:33 PM

I think that both the NRA and the SAF suits are great news. I don't know how likely it is that the suits will cause votes in the ILGA to change, but, hey, we don't need all the NO votes to change - just a handful.
Even if the tally doesn't change, there is still the bright light of victory at the end of the tunnel - however many years it may take to reach.

Kudos to the NRA, the SAF and their respective plaintiffs for keeping up the good fight.

#29 Bud

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Posted 13 May 2011 - 03:34 PM

This is great news! And I am also happy that there are suits coming from multiple fronts. I have, and will be donating to all entities involved in the two suits filed today. Not knowing much about the plaintiffs of the SAF filed suit however, the bulk of my available funds will be directed toward the NRA. I don't have a lot to give, but I will give what I can.


Don't forget Illinois Carry for a donation. Everybody here should by an Illinois Carry supporter. You can become one for $25. Click on "Subscriptions" on the top of this page.

This money goes for supporting the ton hall meetings and all the incidental "out of pocket" expenses that are incurred by Valinda and Mike Rowe (Molly B.) while they go around the entire State from their home in way southern Illinois.

They attend Illinois Carry Town Hall meetings, set up information booths at competitions, march in parades and everytrhing to do with getting the word out.

I urge all of you to donate whatever you can to all of the organizations but the first one should be Illinois Carry

I am not a recipient of any of this monety and as you can see from my post under the helicopter is the fact that I have already done it.

Bud

 

 

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#30 lieut89

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Posted 13 May 2011 - 03:43 PM


This is great news! And I am also happy that there are suits coming from multiple fronts. I have, and will be donating to all entities involved in the two suits filed today. Not knowing much about the plaintiffs of the SAF filed suit however, the bulk of my available funds will be directed toward the NRA. I don't have a lot to give, but I will give what I can.


Don't forget Illinois Carry for a donation. Everybody here should by an Illinois Carry supporter. You can become one for $25. Click on "Subscriptions" on the top of this page.

This money goes for supporting the ton hall meetings and all the incidental "out of pocket" expenses that are incurred by Valinda and Mike Rowe (Molly B.) while they go around the entire State from their home in way southern Illinois.

They attend Illinois Carry Town Hall meetings, set up information booths at competitions, march in parades and everytrhing to do with getting the word out.

I urge all of you to donate whatever you can to all of the organizations but the first one should be Illinois Carry

I am not a recipient of any of this monety and as you can see from my post under the helicopter is the fact that I have already done it.


I recently made a donation to IC and will continue to do so as funds permit. :thumbsup: