Explore The NRA Universe Of Websites

APPEARS IN News

Federal Court Entertains Bizarre Legal Theories That Threaten Gun Owners, Rule of Law

Friday, October 4, 2019

Federal Court Entertains Bizarre Legal Theories That Threaten Gun Owners, Rule of Law

Frustrated by the lack of political progress on the gun control agenda, the legal wing of the anti-gun movement continues to pursue ever-more radical and confused legal strategies. In the 1990s, trial lawyers and their allies in government sought to bankrupt the gun industry by holding them accountable for the criminal actions of third parties – a theory that would have overturned hundreds of years of established tort law. After failing to stop campus carry legislation in Texas in 2015, a group of professors filed a suit claiming that the state’s recognition of the Right-to-Carry in the classroom unlawfully infringed on their “First Amendment rights to academic freedom.”

In October 2018, a group of individuals representing minors in Chicago filed a federal lawsuit in the U.S. District Court for the Northern District of Illinois Eastern Division against the state of Illinois and the Department of State Police (ISP). The plaintiffs contended that Chicago’s pervasive violence is causing children, including the plaintiffs, to become psychologically disabled and unable to perform adequately in school. Therefore - the plaintiffs contended - under the federal Americans with Disabilities Act (ADA), Illinois officials are required to enact an itemized list of severe new gun control regulations in order to accommodate these individuals so that they may do better in school and partake in “federally assisted law enforcement programs designed to protect the people of the State.” On September 30, Bill Clinton-appointed Judge Joan B. Gottschall denied part of the state of Illinois’ motion to dismiss, allowing the case to go forward.

It is difficult to overstate the bizarre nature of the case. As Illinois Attorney General Kwame Raoul explained in a memorandum of law in support of the state’s motion to dismiss, the plaintiffs did not even have standing to bring the case. Raoul noted, “Standing is the ‘irreducible constitutional minimum’ required to bring a case in federal court.”

Summarizing standing doctrine, the AG went on to explain,

To have standing, a plaintiff must have sustained (1) an injury in fact that is (2) fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party not before the court; and (3) it must be likely, rather than speculative, that the injury will be redressed by a favorable decision.

Walking the court through how the standing doctrine should be applied to the facts of the case, Raoul explained that alleged harms did not meet the traceability requirement,

The allegations of this complaint fall well outside the proper boundaries of legitimate standing… the complaint falls far short of alleging injuries fairly traceable to the State, the Governor, and ISP and its Director. The real harm to children is caused by third parties not before the Court, whom no injunction could reach to truly remedy the problem.

Addressing the question of whether the court had the ability to grant the relief sought, the AG pointed out,

The final part of the standing inquiry--that a favorable ruling from the court will likely redress the alleged wrong--is just as impossible to achieve… no injunction from this Court directed at the State, the Governor, or ISP could reasonably be expected to redress an entire state's crime problem in order to accommodate disabilities resulting from that crime problem.

Beyond the obvious lack of standing, the plaintiffs’ theory is a wild abuse of the ADA. As Raoul noted, the ADA is there to ensure that reasonable accommodations are made so that persons with disabilities are not excluded from the use of public programs or services. An example of such accommodations might be a wheelchair ramp at a polling place, or a handicap stall in a bathroom at a public school.

The plaintiffs in this case have not been excluded from school or the general law enforcement functions of the state. Making this point clear to the court, Raoul explained,

The decisions by a law enforcement agency, like ISP, regarding how to allocate its resources to protect public safety--e.g., to what extent it should address drug interdiction, domestic violence, Internet fraud, or gun violence--are not “programs, activities, or services” which a “qualified individual with a disability” would be “excluded from” or “denied the benefits of.”… There is no claim the public schools are denying the plaintiffs any services or discriminating against them in any way, and certainly not at the behest of the state defendants…. The problem of gun violence in Chicago is pervasive and cannot be attributed to any action or inaction of the state defendants taken “by reason of” someone's disability.

The abandonment of long-established standing doctrine and failure to reign in a wildly expansive interpretation of a federal statute never intended to encompass firearms policy will prompt some gun owners to question whether the politically charged nature of the firearms issue played a role in the decision not to dismiss the case outright. Toleration for this sort of legal creativity will only embolden gun control activists to test increasingly inventive theories that weaponize disparate statutes and questionable plaintiffs against law-abiding gun owners.

IN THIS ARTICLE
Chicago Reckless Lawsuits
TRENDING NOW
Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

News  

Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

News  

Second Amendment  

Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

News  

Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Tuesday, July 23, 2024

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.