Skip to comments.Second Amendment Foundation Wins Permanent Injunction v. Illinois Public Housing Gun Ban
Posted on 05/03/2013 2:34:58 AM PDT by marktwain
The Second Amendment Foundation has won a permanent injunction against the Warren County, Ill. Housing Authoritys ban on the possession of firearms by residents or guests.
The case was filed more than a year ago in U.S. District Court for the Central District of Illinois, Rock Island Division. Ronald G. Winbigler, a resident of Costello Terrace in Monmouth, is a physically disabled former police officer who wanted to keep a handgun in his residence for personal protection.
SAF filed the lawsuit on his behalf, and they were represented by attorney David Sigale, who noted, People do not lose their Second Amendment rights just because they are of limited means. It is an indignity to make the waiver of constitutional rights a condition of government-subsidized housing.
SAF Executive Vice President Alan Gottlieb was delighted with the ruling.
We brought this case because it was unconscionable, Gottlieb said, in the wake of our victory in McDonald v. City of Chicago that a public entity in Illinois would engage in this kind of discrimination against a citizen. The WCHA has removed the lease provisions, and agreed that they were unconstitutional.
In an order signed by District Judge Sara Darrow, plaintiffs are awarded reasonable attorneys fees and costs. In her ruling, however, she did not make a constitutional declaration, but only recognized that SAF and the WCHA had agreed in that issue.
Public housing is the last place one would expect to encounter residency provisions that run counter to the Bill of Rights, Gottlieb said. Were delighted that this issue has been resolved to the benefit of Mr. Winbigler and citizens like him.
Now let’s get to work on the State and National Parks so I can take my .22 camping .. “in case of bear.”
So the SAF wins in court, and the Manchin-Toomey bill the SAF wrote went down in flames.
Two victories for the Second Amendment.
National parks have been open for years now they have to follow state law. So if the states allow open and or CCW carry the parks to do.
People on FR weren't saying that when he was pushing the Manchin-Toomey bill he helped write.
There is a standard legal phrase in rental and lease agreements: Quiet enjoyment.
You are allowed to do anything that is legal within the walls of your residence as though you owned it. The only caveats are things like restrictions preventing you from nailing holes in the walls for hanging pictures and stuff or pet restrictions. Both actually affect the premisis, hence the exception.
It would have been a “man bites dog” story, had this case gone the other way.