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Second Amendment Challenge to Cook County Gun Ban Moves Forward

Friday, April 6, 2012

On April 5, the Illinois Supreme Court unanimously denied an attempt by Cook County, Ill., to dismiss a challenge to the county's California-style ban on countless types of common semi-automatic firearms.  The National Rifle Association supported the case brought by the NRA's state affiliate, the Illinois State Rifle Association.

"We are very pleased with this ruling," said NRA-ILA Executive Director Chris W. Cox.  "This decision makes clear that the lower courts shouldn't take challenges to these laws lightly and that plaintiffs deserve a full opportunity for their evidence to be heard."

In the decision, the court reversed a lower appellate court's ruling that upheld the ban merely because it was supposedly similar to bans that had been upheld elsewhere.  But of the three cases cited by the lower court, two relied on "facts" provided in legislative findings and testimony by anti-gun legislators and gun ban lobbyists; and the third involved a challenge to federal regulation of fully automatic machine guns, rather than semi-automatic firearms.

Adopting a much more rigorous approach, the Illinois Supreme Court found it couldn't say the guns banned by Cook County "categorically fall outside the scope of the rights protected by the [Second Amendment]."  Therefore, the case will be returned to the trial court for more fact-finding.

Key to the final outcome will be evidence that the guns in question are "in common use" and "typically possessed by law-abiding citizens for lawful purposes," which are the standards that the U.S. Supreme Court suggested would determine whether a particular type of "arm" falls within the Second Amendment's protections.

On that issue, the numbers are overwhelming. Based on production statistics published by the Bureau of Alcohol, Tobacco, Firearms and Explosives, about 3.1 million AR-15 rifles have been made just since 1986, and AR-15s alone made up 4.3 percent of all firearms, and 13.3 percent of all rifles sold in the U.S. from 2007 to 2010. The AR-15, of course, is just one of the many firearms, banned in Cook County.  These figures go to show that Cook County hasn't just banned "common" guns; it has banned the most popular rifles of our time, used by countless law-abiding Americans for every kind of lawful purpose.

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Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

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Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

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Monday, May 16, 2022

DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

In late April, Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS), made a bizarre announcement during a congressional hearing that DHS was forming what it called a “Mis- and Disinformation Governance Board.” The statement came ...

Follow the Science, Unless it Leads Where You Don’t Want to Go

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Monday, May 16, 2022

Follow the Science, Unless it Leads Where You Don’t Want to Go

Researchers in California have published the results of a study evaluating the effectiveness of so-called “gun violence restraining orders” (a.k.a. “extreme risk protection orders” or “red flag” orders). Assembly Bill 1014, was enacted in California in ...

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Wednesday, May 18, 2022

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Tomorrow at 10:00 a.m., the Senate Law & Public Safety Committee is scheduled to consider S.513, legislation which would create a rebuttable presumption of no bail for gun offenses.

Illinois: General Assembly Passes “Ghost Gun” Ban

Monday, April 11, 2022

Illinois: General Assembly Passes “Ghost Gun” Ban

On Friday, the House Judiciary Committee held a subject matter hearing on House Bill 4383 Senate Floor Amendment 2, to ban individuals from making their own firearms for personal use, and voted to advance the measure. ...

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

News  

Thursday, May 12, 2022

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

Former President Donald J. Trump will headline the 2022 NRA-ILA Leadership Forum on May 27, at the George R. Brown Convention Center in Houston.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Georgia: Gov. Kemp Signs Constitutional Carry

Tuesday, April 12, 2022

Georgia: Gov. Kemp Signs Constitutional Carry

Today, Governor Brian Kemp signed Senate Bill 319, constitutional carry, into law. Georgia is now the 25th constitutional carry state, and the fourth to join that group in 2022. Half of the country now recognizes the right ...

Alaska: Legislature Fails to Pass Pro-2A Legislation as it Adjourns

Friday, May 20, 2022

Alaska: Legislature Fails to Pass Pro-2A Legislation as it Adjourns

At midnight on Wednesday, the Alaska Legislature adjourned from its 2022 Legislative Session. 

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.