Motion For Injunction Sought In NRA's Illinois Case

I meant to post this on Friday but didn't. A day after the Second Amendment Foundation filed a Motion for a Preliminary Injunction in their case against Illinois, Moore v. Madigan, the NRA filed a similar motion in their case against Illinois. Both of these motions came after the 7th Circuit Court of Appeals found against Chicago and ordered a preliminary injunction against the range ban in Ezell v. Chicago.

The Memorandum for the Motion for a Preliminary and/or Permanent Injunction can be found here.

NRA Files a Motion for an Immediate End to Illinois’ Ban on Right-to-Carry

Friday, July 08, 2011

Fairfax, Va. -- The National Rifle Association (NRA) is filing a motion for an injunction asking the United States District Court for the Southern District of Illinois to immediately strike down Illinois’ complete and total ban on carrying firearms for self-defense outside the home or place of business.

This week, the Seventh Circuit U.S. Court of Appeals ruled that any violation of the Second Amendment constitutes irreparable harm – a factor needed to receive a preliminary injunction on NRA’s lawsuit challenging the constitutionality of the Illinois statute prohibiting carriage.

The NRA filed a lawsuit, Shepard v. Madigan, on May 13 in the United States District Court for the Southern District of Illinois. The lead plaintiff is church treasurer Mary Shepard; joining her is the Illinois State Rifle Association, the NRA’s state affiliate.

Because Illinois statutes prohibit carrying handguns, 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.