Institute for Legal, Legislative and Educational Action
CHICAGO, IL (August 27, 2021) — Today, Firearms Policy Coalition (FPC) announced a new federal Second Amendment lawsuit challenging the ban on so-called “assault weapons” in Cook County, Illinois. Case documents in Viramontes v. Cook County, Il. can be found at FPCLegal.org.
The lawsuit begins by outlining the operation of Cook County’s unconstitutional ban, explaining that common, constitutionally protected semi-automatic rifles are prohibited if they can accept a magazine capable of holding more than ten rounds of ammunition and have certain characteristics like a pistol grip, muzzle brake, or a barrel shroud. And while the ban has “very limited exemptions for certain persons,” it still does not “allow typical law-abiding citizens to keep and bear these common firearms.”
“The rifles at issue in this case are the sorts of bearable arms in common use for lawful purposes that law-abiding people possess at home by the millions,” FPC’s complaint explains. “And they are, moreover, exactly what they would bring to service in militia duty, should such be necessary.”
The plaintiffs are seeking a declaration of law holding the ordinance to be unconstitutional, a preliminary and permanent injunction prohibiting the defendants from enforcing the ban, an award of nominal damages against the County of Cook, attorney’s fees, expert fees, and costs, and any other relief the court deems proper.
This case joins other FPC lawsuits challenging bans on common firearms, including its challenge to California’s ban on so-called “assault weapons” that resulted in a post-trial judgment and permanent injunction against the laws, the first such victory in United States history, as well as a challenge to Maryland’s ban on so-called “assault weapons,” Massachusetts’ ban on common handguns, and dozens of others.
Individuals that are interested in joining FPC in the fight against tyranny can become a member of the FPC Grassroots Army for just $25 at JoinFPC.org.
For more on these cases and other legal action initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
FPC and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space. Some FPC legal actions include:
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org), the nation’s largest public interest legal team focused on the Right to Keep and Bear Arms, lead the Second Amendment litigation and research space.
https://www.firearmspolicy.org/fpc-files-lawsuit-challenging-assault-weapons-ban-in-cook-county