Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Illinois: NRA Recovers Another $98,000 in Attorney’s Fees, on Top of 1.3 Million Already Recovered For Work on the U.S. Supreme Court McDonald Case and Related Cases

Wednesday, November 28, 2012

On November 21, 2012, the United States District Court for the Northern District of Illinois awarded the National Rifle Association (NRA) $98,000 in supplemental attorney’s fees for its hard work on litigating its original motion for attorney’s fees, which got the NRA over 1.3 million dollars.  A copy of the previous bulletin about NRA’s recovery of 1.3 million dollars can be viewed here
 
NRA’s now total recovery is now more than 1.4 million dollars as a result of its hard work in litigating NRA v. City of Chicago and NRA v. Village of Oak Park, and for its role and significant work as a party in the Supreme Court case McDonald v. City of Chicago. Click on the case names to view the court filings in these cases. 
 
These three cases were filed shortly after the 2008 District of Columbia v. Heller decision was issued which struck down a Washington D.C. law banning handgun possession, and recognized an individual right to self-defense and to keep and bear arms.  These cases were designed to get the Supreme Court to resolve the issue of whether the Second Amendment, in addition to prohibiting the federal government infringement, also prohibited state and local governments from infringing on the right to keep and bear arms.
 
When the McDonald case was accepted by the Supreme Court, the NRA was deemed a party to the McDonald case under Supreme Court Rule 12.6 by virtue of its role as a party in the two consolidated Chicago and Oak Park cases.  As a full-fledged party in the McDonald case, the NRA filed its own legal briefs to persuade the Supreme Court Justices of the NRA’s position. Multiple other non-party groups also weighed in on the case through amicus briefs, including the CRPA Foundation.
 
The Supreme Court’s McDonald decision held that the Second Amendment right to keep and bear arms is incorporated through the Fourteenth Amendment and thus, fully applicable to the States.  In the wake of the ruling, the Supreme Court remanded the McDonald case, as well as the two NRA cases, back to the Court of Appeal to address the City of Chicago’s and the Village of Oak Park’s unconstitutional handgun bans.  But before an injunction could be issued by the lower courts, both Chicago and Oak Park repealed their handguns bans.
 
Because the challenged ordinances were repealed, the Seventh Circuit Court of Appeals did not need to address the injunction issue. Instead, it vacated the original rulings of the U.S. District Court (which had granted the City of Chicago’s motions for judgment on the pleadings against McDonald and the NRA), and then sent all three cases back to the District Court with instructions to dismiss the cases as moot (because the ordinances were repealed).
 
But the Seventh Circuit Court also instructed that “[i]f plaintiffs [both McDonald and NRA] believe that the repeals [of the ordinances] entitled them to attorneys’ fees under 28 U.S.C. § 1988, they may file appropriate motions in the district court.”

After the parties filed their respective motions for attorney’s fees, the District Court denied them because the ordinances were repealed before an injunction or judgment was entered.  The Seventh Circuit Court of Appeals, on the other hand, overturned the District Court’s ruling and recognized that the NRA was indeed a prevailing party in each of the three cases, including the McDonald case in the Supreme Court, and that the NRA was entitled to recover its attorneys’ fees for all the work its lawyers did, including work in the U.S. Supreme Court. 
 
Finally, in June 2011 the cases were once again all sent back to the U.S. District Court to calculate the amount of the fee awards. 
 
In September 2011, the McDonald lawyers resolved their attorneys’ fees claims for work on the McDonald case for slightly less than $400,000.00.
 
NRA continued to litigate the fees issue and was awarded over 1.3 million dollars in August 2012.  One month later NRA filed a motion for supplemental attorney’s fees which sought to recover its attorney’s fees and expenses incurred in litigating its original motion for attorney’s fees. 
 
On November 20, 2012, the NRA filed its unopposed motion for supplemental attorney’s fees, for the work its lawyers did no the original fees motions. The City of Chicago and Village of Oak Park believed that the $98,000 should be divided evenly between them.  The Court granted NRA’s motion the following day, awarding the NRA $49,000 against the City of Chicago and $49,000 against the Village of Oak Park.

TRENDING NOW
Fourth Circuit Court of Appeals Ignores Heller: No Protection for Guns It Deems “Dangerous”

News  

Wednesday, February 22, 2017

Fourth Circuit Court of Appeals Ignores Heller: No Protection for Guns It Deems “Dangerous”

Ever since the U.S. Supreme Court’s opinions in Heller and McDonald, many of the lower U.S. courts have been making up their own rules when it comes to the Second Amendment. Tuesday’s outrageous opinion by ...

Hawaii: Anti-Gun Legislation Passes Committee

Thursday, February 23, 2017

Hawaii: Anti-Gun Legislation Passes Committee

SB 898, sponsored by state Senator Ronald Kouchi (D-8), would permanently strip an individual of their Second Amendment rights, not based on a criminal conviction or mental adjudication, but based on a quasi-criminal proceeding.  The ...

Washington: Anti-Gun Legislation Could be Heard on the Floor Next Week

Friday, February 24, 2017

Washington: Anti-Gun Legislation Could be Heard on the Floor Next Week

As early as next week, the Washington House of Representatives could hear and vote on House Bill 1122 and House Bill 1483.

Amicus Briefs Filed in Support of Petition for Supreme Court Review in Peruta Right-to-Carry Case

Friday, February 24, 2017

Amicus Briefs Filed in Support of Petition for Supreme Court Review in Peruta Right-to-Carry Case

In January, California Rifle & Pistol Association attorneys filed a petitionwith the United States Supreme Court asking the Court to review the NRA-supported case of Peruta v. California, which seeks to confirm that the Second ...

Taxachusetts: Bay State Politician Wants to Soak Gun Owners

News  

Friday, February 24, 2017

Taxachusetts: Bay State Politician Wants to Soak Gun Owners

In an attempt to further punish Massachusetts’s beleaguered gun owners, on January 20, Massachusetts State Senator Cynthia S. Creem filed SD.1884. The legislation includes a raft of gun control measures, not the least of which ...

Kentucky: Senate Constitutional/Permitless Carry Legislation Amended

Wednesday, February 22, 2017

Kentucky: Senate Constitutional/Permitless Carry Legislation Amended

Today, Senator Robin Webb (D-18) offered a strike and insert amendment to constitutional/permitless carry legislation, Senate Bill 7.

New Hampshire Governor Signs Constitutional Carry Into Law

News  

Wednesday, February 22, 2017

New Hampshire Governor Signs Constitutional Carry Into Law

Measure Effective Immediately. Today was a great victory for gun owners in New Hampshire when Gov. Chris Sununu signed Senate Bill 12 into law, allowing law-abiding New Hampshirites to carry their firearms in the manner that ...

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) Hides from his Radical Anti-gun Record

News  

Friday, February 24, 2017

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) Hides from his Radical Anti-gun Record

With the Democratic National Committee’s officers election set for Saturday, earlier this week CNN hosted a debate featuring the candidates vying to be the next DNC chair. During the debate, CNN’s Dana Bash confronted Rep. ...

A Fourth Circuit Trifecta: New Rulings Confirm Need for Judges who Respect Second Amendment

News  

Friday, February 24, 2017

A Fourth Circuit Trifecta: New Rulings Confirm Need for Judges who Respect Second Amendment

Anyone still unconvinced about the importance of the courts and the need for justices who support Second Amendment rights had plenty of food for thought this month, with the U.S. Court of Appeals for the ...

Justice Ruth Bader Ginsburg Praises Legacy Media in Interview with British Press

News  

Friday, February 24, 2017

Justice Ruth Bader Ginsburg Praises Legacy Media in Interview with British Press

Citing Justice John Paul Stevens’s retirement at age 90, the U.S. Supreme Court’s reigning liberal icon, 83-year-old Justice Ruther Bader Ginsburg, told a BBC interviewer that she still “has a way to go” in her ...

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.