Here's a case, by the NRA and ISRA, that started sometime in 2008 (before Heller), I believe. The case is a challenge to the Illinois Cook County (i.e. Chicago) Assault Weapons Ban.
On Sept. 29, 2010 the following order was issued by the Illinois Supreme Court:
The above can be found at the top of PDF page 4 here.
Next is the orders of the GVR'd case for the Illinois 1st Circuit Appellate Court, as reported by The Sacramento Bee [CA] in an ISRA PR release, here.
Then over at Scribd, someone uploaded the ISRA supplemental brief to the Appeals Court. You can download or read it, here.
There are 4 points that the brief makes:
I would note that the brief asks the court to vacate and remand to the district court.
Further note that while this is an ISRA case, Stephan Halbrook (NRA) is counsel of record.
On Sept. 29, 2010 the following order was issued by the Illinois Supreme Court:
The above can be found at the top of PDF page 4 here.
Next is the orders of the GVR'd case for the Illinois 1st Circuit Appellate Court, as reported by The Sacramento Bee [CA] in an ISRA PR release, here.
Then over at Scribd, someone uploaded the ISRA supplemental brief to the Appeals Court. You can download or read it, here.
There are 4 points that the brief makes:
- Strict scrutiny is the appropriate standard of review given that the right is fundamental and that Heller and McDonald reject reliance on legislative findings.
- McDonald recognizes the Second Amendment fundamental right applies equally to the federal Bill of Rights provisions as do other Bill of Rights provisions.
- The Second Amendment’s central component of the fundamental right of self-defense precludes McDonald’s holding of that right purportedly applying only to handguns.
- McDonald’s holding that the same standards apply to the states as apply to the United States requires application of the test of whether a type of firearms is commonly possessed for lawful purposes.
Further note that while this is an ISRA case, Stephan Halbrook (NRA) is counsel of record.
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