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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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Maryland: Pro-Carry Legislation Pending Final Vote on House Floor

Monday, March 20, 2017

Maryland: Pro-Carry Legislation Pending Final Vote on House Floor

Today, the Maryland House of Delegates passed House Bill 1036 on second reading.

Ohio: Critical Self-Defense Law Takes Effect Today!

Tuesday, March 21, 2017

Ohio: Critical Self-Defense Law Takes Effect Today!

Today, March 21, the provisions of the critical self-defense legislation, Sub. Senate Bill 199, go into effect.  Thanks to your active involvement last session, this bill was signed by Governor Kasich last December.  This law ...

Maryland: House Passes Pro-Carry Legislation

Tuesday, March 21, 2017

Maryland: House Passes Pro-Carry Legislation

Yesterday, the Maryland House of Delegates passed House Bill 1036 by a 97-41 vote.

Illinois: Gun Seizure Bill Could be Heard by House at Any Time

Tuesday, March 21, 2017

Illinois: Gun Seizure Bill Could be Heard by House at Any Time

The Illinois House of Representatives could consider House Bill 2354 at any time.

Arkansas Action Needed: Anti-Gun Bill Which Undermines Concealed Carry Headed to House

Thursday, March 23, 2017

Arkansas Action Needed: Anti-Gun Bill Which Undermines Concealed Carry Headed to House

Today, the Arkansas Senate passed Senate Bill 724, an anti-gun bill which undermines some of the key advancements made with the passage and enactment of House Bill 1249.  SB 724 is now headed to the ...

Idaho: Senate Passes Concealed Carry Amendment

Tuesday, March 21, 2017

Idaho: Senate Passes Concealed Carry Amendment

Yesterday, March 20, the Idaho Senate passed House Bill 93 by a 35-0 vote.  Introduced by state Representative Don Cheatham (R-3B) and sponsored on the floor by state Senator Marv Hagedorn (R-14), HB 93 would amend current law ...

Nevada: Senate Passes Anti-Gun SB 115

Wednesday, March 22, 2017

Nevada: Senate Passes Anti-Gun SB 115

Yesterday, March 21, the Senate passed anti-gun Senate Bill 115 with a 12-9 vote.  SB 115 was sent to the Assembly for further consideration.  Sponsored by state Senator Moises Denis (D-2), SB 115 would expand the list ...

Utah: Governor Signs Self-Defense Legislation into Law

Thursday, March 23, 2017

Utah: Governor Signs Self-Defense Legislation into Law

Tonight, Governor Gary Herbert signed House Bill 198 into law.

Texas: Two Important Handgun Carry Bills to be Considered in Senate and House Next Week

Thursday, March 23, 2017

Texas: Two Important Handgun Carry Bills to be Considered in Senate and House Next Week

On Monday, March 27, the Texas Senate will convene after 2:00pm and is expected to take up and consider Senate Bill 16, NRA-backed legislation sponsored by State Sen. Robert Nichols (R-Jacksonville) and Joan Huffman (R-Houston).

Are Ear Plugs Better Than a Suppressor?

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Friday, March 17, 2017

Are Ear Plugs Better Than a Suppressor?

On March 13, the gun control group, Americans for Responsible Solutions, posted a tweet claiming:  “FACT:  Silencers do not protect your hearing.”  An infographic accompanied the tweet with the additional claim “You know what protects ...

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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.