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National Rifle Association of America, Inc., et al v. City of Chicago, Illinois, and Village of Oak Park, Illinois

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SUBMITTED MAY 16, 2011

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

The Supreme Court held in District of Columbia v. Heller, 554 U.S. 570 (2008), that a federal enclave’s ban on operable handguns in the home violates the Constitution’s second amendment. In 2008 the City of Chicago and the Village of Oak Park had ordinances that were functionally the same as the law in Heller. After the Supreme Court’s decision several plaintiffs, including Otis McDonald and the National Rifle Association, filed suits against the City and the Village, which defended by arguing that the second amendment does not apply to the states. The district court agreed and dismissed the suits; we affirmed. 567 F.3d 856 (7th Cir. 2009). The Supreme Court granted a petition for certiorari and concluded, to the contrary, that the second amendment applies to states and municipalities as a matter of due process. McDonald v. Chicago, 130 S. Ct. 3020 (2010).

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