NATIONAL RIFLE ASS'N OF AMER., INC. v. CITY OF CHICAGO

Nos. 08-4241, 08-4243, 08-4244.

567 F.3d 856 (2009)

NATIONAL RIFLE ASSOCIATION OF AMERICA, INC., et al., Plaintiffs-Appellants, v. CITY OF CHICAGO, ILLINOIS, and Village of Oak Park, Illinois, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 2, 2009.


Attorney(s) appearing for the Case

Stephen A. Kolodziej, Brenner, Ford & Monroe, William N. Howard, Freeborn & Peters, Chicago, IL, Alan Gura (argued), Gura & Possessky, Alexandria, VA, Stephen P. Halbrook (argued), Stephen P. Halbrook Ph. D. Attorney at Law, Fairfax, VA, David G. Sigale, Lisle, IL, for Plaintiffs-Appellants.

Alexandra E. Shea, Mayer Brown LLP, Chicago, IL, Mara S. Georges, Benna R. Solomon (argued), Suzanne M. Loose, Office of the Corporation Counsel, Andrew W. Worseck, City of Chicago Law Department, Lance C. Malina, Klein, Thorpe & Jenkins, Chicago, IL, for Defendants-Appellees.

David B. Kopel, Independence Institute, Golden, CO, Maureen Martin, Heartland Institute, Chicago, IL, Lawrence Rosenthal Chapman University, School of Law, Orange, CA, Peter Ordower, Chicago, IL, Geoffrey M. Wyatt, Washington, DC, Elizabeth B. Wydra, Constitutional Accountability Center, Washington, DC, Robert Cottrol, Washington, DC, Charles F. Smith, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, Charles M. Dyke, Nixon. Peabody LLP, San Francisco, CA, Clark M. Neily, III, Institute for Justice, Arlington, VA, for Amicus Curiae.

Before EASTERBROOK, Chief Judge, and BAUER and POSNER, Circuit Judges.


EASTERBROOK, Chief Judge.

Two municipalities in Illinois ban the possession of most handguns. After the Supreme Court held in District of Columbia v. Heller, ___ U.S. ____, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), that the second amendment entitles people to keep handguns at home for self-protection, several suits were filed against Chicago and Oak Park. All were dismissed on the ground that Heller dealt with a law enacted under the authority of the national...

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