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
North Carolina: Pro-Gun Bills Advance in Veto Override Session

Tuesday, July 29, 2025

North Carolina: Pro-Gun Bills Advance in Veto Override Session

During a veto override session on Tuesday, July 29th, both chambers passed House Bill 193 (H193) and defeated Governor Josh Stein's veto.

Report: Newsom Rejected Gifted Handgun Because California Law is Too Complicated

News  

Monday, July 28, 2025

Report: Newsom Rejected Gifted Handgun Because California Law is Too Complicated

In a video interview with Tennessee-based podcaster Shawn Ryan published earlier this month, anti-gun California Governor Gavin Newsom appeared to accept a gift of a Sig P365 XMACRO semi-automatic handgun from the former U.S. Navy ...

Sen. Murphy and Political Performance Art

News  

Monday, July 28, 2025

Sen. Murphy and Political Performance Art

Readers of our alerts know, very well, that U.S. Senator Chris Murphy (D-CT) does not believe in the Second Amendment, and would probably like to see virtually every law-abiding American disarmed. And he has held ...

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

Ninth Circuit Strikes Down California’s Background Check Requirement for Ammunition Purchases in NRA Backed Case

Thursday, July 24, 2025

Ninth Circuit Strikes Down California’s Background Check Requirement for Ammunition Purchases in NRA Backed Case

The Ninth Circuit Court of Appeals ruled that California’s law requiring a background check for each ammunition purchase violates the Second Amendment in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Reported Israeli Gun Owner Data Leak Exposes Danger of Registries

News  

Monday, March 24, 2025

Reported Israeli Gun Owner Data Leak Exposes Danger of Registries

According to a recent report from Israeli newspaper Haaretz, Iranian-linked hackers were able to penetrate Israel’s databases containing sensitive gun owner data and leaked the information online in early February.

From New York to Australia, the Law Doesn’t Always Back the Good Guys

News  

Monday, July 28, 2025

From New York to Australia, the Law Doesn’t Always Back the Good Guys

For decades, NRA-ILA has pointed out that gun control advocates are disingenuous when it comes to public safety. 

DOJ Issues “Relief From Disabilities” Rulemaking; Your Comments Urgently Needed!

News  

Monday, July 28, 2025

DOJ Issues “Relief From Disabilities” Rulemaking; Your Comments Urgently Needed!

On July 22, the U.S. Department of Justice (DOJ) issued a proposed rule in response to the Trump administration’s intention to revive a statutory process for the restoration of Second Amendment rights lost under federal law as result of ...

Legislation Introduced to Prevent States from Enforcing Firearm Rosters

News  

Thursday, July 31, 2025

Legislation Introduced to Prevent States from Enforcing Firearm Rosters

On July 23, Representatives Darrell Issa (R-CA-48) and Elise Stefanik (R-NY-21) introduced the Modern Firearm Safety Act (H.R. 4676). This legislation would reject the effort by anti-gun radicals to utilize unconstitutional “handgun rosters.” These rosters prevent law-abiding ...

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.