Yesterday, America First Legal (AFL) and Consovoy McCarthy filed a petition for a writ of certiorari with the Supreme Court of the United States, urging it to take a case that involves the violation of Second Amendment rights in Chicago. The petition seeks to force the Seventh Circuit to apply established law regarding the possession of arms commonly used by Americans for self-defense.
The case was initially filed last year on behalf of an emergency room doctor in a Chicago area public hospital who also served as a medic on a SWAT team. The doctor, who is also a tactical medicine instructor at a public university, owns an AR-15 rifle for self-defense, hunting, and sport shooting. However, state and local laws in Chicago prohibit him from keeping the rifle at his home.
AFL's client is a law-abiding resident of Chicago with the necessary licenses and permits to own firearms. He is dedicated to serving his community and regularly participates in SWAT team training. However, the restrictive laws in place prevent him from fully engaging in his training drills, infringing upon his Constitutional rights.
The District Court initially rejected our client's motion for a preliminary injunction, and the Seventh Circuit upheld this decision by ruling that semiautomatic AR-15s are not considered "arms" protected by the Second Amendment. This ruling is inconsistent with binding Supreme Court precedent and threatens the rights of our client and millions of Americans who own similar firearms.
In a statement, Gene Hamilton, America First Legal Vice Executive Director, emphasized the importance of protecting the rights of law-abiding Americans. He stated, "No law-abiding American should ever be denied the right to protect himself or herself."
The filing of the petition for a writ of certiorari with the Supreme Court seeks an immediate review of the Seventh Circuit's decision and aims to protect the Second Amendment rights of not only our client but also millions of Americans facing similar restrictions on their firearms.
The outcome of this case could have significant implications for the interpretation and application of the Second Amendment. The Supreme Court's decision to take up the case will determine whether state and local laws that restrict the possession of commonly owned firearms are in violation of the Constitution.