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IL: Fed court strikes down public housing gun ban

Posted: Sat Apr 13, 2019 9:03 am
by ELB
Court halts public housing gun ban, big win for Ill. rape victim

A federal court on Thursday cleared the way for an Illinois rape victim to have a gun in her public housing apartment to protect herself from further domestic violence, the latest judicial victory for Second Amendment advocates.

Senior Judge J. Phil Gilbert for the U.S. District Court for the Southern District of Illinois in Benton, Ill., issued a permanent injunction on the East St. Louis Housing Authority's gun ban, claiming it violated the Second and 14th Amendments letting citizens protect themselves.
He ordered the East St. Louis Housing Authority to erase the ban on guns for residents from its lease.

Copy of order at the link.

Re: IL: Fed court strikes down public housing gun ban

Posted: Sat Apr 13, 2019 10:06 am
by KLB
The facts of the case are compelling:
The lawsuit was filed last year by the Second Amendment Foundation and Illinois State Rifle Association. They filed on behalf of a woman, “N. Doe,” who had been raped and was scared of further abuse so she bought a gun. When the housing authority found out about the weapon, they threatened to kick her out of the facility.

The judge cited the District of Columbia v. Heller case that backs citizens rights to guns in their homes. It also cited the 14th Amendment ban on oppressive state rules. “Nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,” said the order. ... ape-victim