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

2nd Amend.

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

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.

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  • dad666

    Chicago and New York both need to have their laws repealed as they are Unconstitutional. The Constitution does not make any provisions for state or city control of guns. It simply states that any person has a right to posess a weapon. Their are no requirements for licensiong, registration or restricting their ownership or use.
    NO MORE

    • Poodleguy

      Yup, you hit that one dead center! “The right of the people” means that it is a RIGHT not a privlige.(sp) “To keep & bear” means to own & carry – “Shall not be infringed!” means that the gov’t cannot screw with it but they do anyway!!!! So, if they make it illegal, we are going to be a few million lawbreakers, huh?

  • nike1234

    At least there is still some common sense in our legal system!!

  • Eugene Lenarz

    Why didn’t the Chicago Tribune – or any of the other main stream media outlets, for that matter – make this a banner story? Certainly, they wouldn’t prejudge, would they?

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