NRA Explore
APPEARS IN Legal & Legislation

Illinois: Federal Court Upholds Right to Keep and Bear Arms and Awards the NRA $125,000 in Attorney’s Fees

Wednesday, November 21, 2012

On September 26, 2012 the United States District Court in the Northern District of Illinois awarded the National Rifle Association (NRA) $125,000 to reimburse it for attorney’s fees spent winning a lawsuit against the City of Chicago over a Chicago firearm ordinance on behalf of NRA member Shawn Gowder. In striking down the law, the Court held that the ordinance is unconstitutionally void for vagueness and also violates the plaintiff’s Second Amendment right to keep and bear arms. A copy of the court filings in this case and the $125,000 check from the City of Chicago can be viewed here.

 

The NRA’s motion for attorney’s fees in the case of Gowder v. Chicago was granted following a successful NRA motion for summary judgment. The Gowder case challenged the constitutionality of a Chicago ordinance that banned people with certain non-violent misdemeanor convictions from possessing firearms in their homes for self-defense. Mr. Gowder had a misdemeanor conviction for "unlawful use of a weapon" (simply having a handgun on his person outside his own home). When Mr. Gowder wanted to possess a firearm in his home and sought a firearm permit (as is required by the Chicago ordinance), his application was denied. Even though his misdemeanor record did not prevent Mr. Gowder from obtaining a Firearm Owner’s Identification card, Mr. Gowder could not obtain the firearms permit necessary to possess a firearm in his own home because the law prohibited permits from being issued to anyone convicted of "an unlawful use of a weapon that is a firearm," even if it was just a misdemeanor conviction.

 

In its June ruling on the summary judgment motion, the Court held that the "Chicago Firearm Ordinance does not provide a person of ordinary intelligence a reasonable opportunity to know what is prohibited, in that it does not define the term ‘unlawful use of a weapon.’ It appears that the City of Chicago merely borrowed from an Illinois criminal statute the term ‘unlawful use of a weapon,’ which sounds extremely serious on its face, but in reality can include simple unlawful possession."

Although the Court was not required to consider whether the ordinance violated the Second Amendment (because it already determined that the ordinance was unconstitutionally vague), the Court nonetheless considered the U.S. Supreme Court decisions of District of Columbia v. Heller (which declared that a ban on handgun possession in the home violates the Second Amendment) and McDonald v. Chicago (which declared that the Second Amendment is fully applicable to the States), and held that the Chicago ordinance violated the Second Amendment as well.

 

According to the Court, the firearm ordinance did "not differentiate between those who have been convicted of a felony or a misdemeanor, or between those who have been convicted of a violent or non-violent crime, and thus the denial of a [firearm permit] does not find valid foothold in statutory history." The effect of the ordinance "is to forever strip certain persons residing in Chicago of their constitutional right to protect themselves in their own homes, including, for example, a person convicted forty years ago of simply possessing a firearm (and not unlawfully using it against another)."

 

After evaluating the ordinance under a text, history, and tradition analysis, as well as a under the more conventional tests of strict scrutiny and intermediate scrutiny, the Court held that the ordinance was unconstitutional under any legal standard of review.

 

This is another great win for the NRA’s team of attorneys, fighting in courts across the country for our right to keep and bear arms.

TRENDING NOW

Tuesday, April 26, 2016

Missouri: Permitless Carry Self-Defense Legislation Overwhelmingly Passes House, Headed to Senate

Today, the Missouri House of Representatives overwhelmingly passed House Bill 1468.

Friday, April 29, 2016

Michigan: Important Firearm Preemption Legislation Will Likely Receive Committee Vote Next Week

Next Wednesday, May 6, the House Local Government Committee is tentatively scheduled to consider and vote on House Bill 4795, as substituted.  HB 4795, sponsored by Chairman Lee Chatfield (R-District 107), is important legislation aimed ...

Tuesday, April 26, 2016

Connecticut: Anti-Gun Bills Expected for Floor Vote Tomorrow

One or both of the anti-gun bills, House Bill 5054 and House Bill 5623, may be called as early as tomorrow to go to the House floor for consideration by the full House of Representatives.  Both HB 5054 and ...

Wednesday, April 27, 2016

California: Anti-Gun Bills Still Alive After Policy Committee Deadline

After a busy week of hearings, Friday April 22nd marked the deadline for bills with a fiscal note to be passed out of their respective policy committees. Bills not meeting this deadline are considered defeated ...

Tuesday, April 26, 2016

Oklahoma: Hunting with Suppressors Legislation Signed into Law

Yesterday, Oklahoma Governor Mary Fallin signed House Bill 2637 into law and it goes into effect immediately.

Friday, April 29, 2016

Louisiana: House Committee to Vote Tuesday on Dangerous Bill Gutting Louisiana’s Firearms Preemption Law

Imagine the City of New Orleans having the statutory authority to pass any law they wanted governing the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms and ammunition.

News  

Tuesday, April 26, 2016

Merrick Garland MUST NOT be confirmed to the U.S. Supreme Court

The U.S. Senate needs to hear from you TODAY that Merrick Garland MUST NOT be confirmed to the U.S. Supreme Court.

News  

Friday, April 29, 2016

Hillary Clinton to Attack Gun Owners Her “Very First Day” in Office

In what has become as reliable as clockwork, with the passing of another week comes another Hillary Clinton attack on gun owners. This time, the frontrunner for the Democratic presidential nomination explained to supporters her ...

News  

Wednesday, April 27, 2016

Political Report | Disarmament Cloaked as "Common Sense"

Gun control advocates have been at their civilian-disarmament campaign for so long that astute observers will notice the same tactics and approaches returning time and again to the political landscape. When the American public rejects ...

Thursday, April 28, 2016

Connecticut: Gun Surrender Bill Moving through the General Assembly

Yesterday, April 27, House Bill 5054 passed the House of Representatives with a 104-42 vote.  HB 5054 is a large omnibus bill which threatens your Right to Keep and Bear Arms as well as your Fifth Amendment right to ...

MORE TRENDING +
LESS TRENDING -
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.