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
DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

News  

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to ...

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

Friday, January 16, 2026

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

The National Rifle Association—along with the Association of New Jersey Rifle & Pistol Clubs, Gun Owners’ Action League, New Jersey Firearms Owners Syndicate, and New York State Rifle & Pistol Association—has filed an amicus brief urging the ...

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

News  

Wednesday, January 14, 2026

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

Secretary of the Interior Doug Burgum has issued Secretarial Order 3447 – Expanding Hunting and Fishing Access, Removing Unnecessary Barriers, and Ensuring Consistency Across the Department of Interior Lands and Waters. This sets a department wide ...

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

Wednesday, January 14, 2026

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

On Tuesday, January 13th, the Senate passed Senate Bill 204, concurring with House amendments to include stronger firearms preemption language.

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

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.