Posted by: Democratic Thinker | July 11, 2011

Commentary: Shepard v. Madigan


DISCLAIMER: Democratic Thinker is a member of the National Rifle Association whose dues support this lawsuit—and Democratic Thinker supports the right of all citizens to defend themselves during all lawful activities anywhere they find themselves; be it public places, highways and byways, business establishments, churches, schools, etc.

I believe in the right of self-defence of the weak against the strong, and I do not propose to allow any man to maltreat me at his pleasure, as long as there are any weapons of defence to be had by which I can equalize my strength with his.—Mr. MacVeagh, Debates of the Convention to Amend the Constitution of Pennsylvania.

UPDATE: 06 Mar 2014: Mary Shepard finally receives CCL (See this update).

UPDATE: 11 Dec 2012: The opinion has been published (See Decision Case #12-1269).

Shepard v. Madigan

On September 28, 2009, an intruder savagely beat Mary Shepard, treasurer of First Baptist Church of Anna, Illinois, and Leona Mount, a custodian, during a robbery of the church. See news story of the event: Town shaken by brutal attack in Anna church.

The State of Illinois allows neither its citizens nor its visitors the right to defend themselves outside of their homes.

On July 8, the National Rifle Association filed a Memorandum Supporting and Immediate Injunction (PDF) with the Federal Court relative to a lawsuit—Shepard v. Madigan (PDF)—filed in state court by Mary Shepard to regain the self-defense rights guaranteed her by the U.S. Constitution:

NRA Files a Motion for an Immediate End to Illinois’ Ban on Right-to-Carry

Friday, July 08, 2011

Fairfax, Va. — The National Rifle Association (NRA) is filing a motion for an injunction asking the United States District Court for the Southern District of Illinois to immediately strike down Illinois’ complete and total ban on carrying firearms for self-defense outside the home or place of business.

This week, the Seventh Circuit U.S. Court of Appeals ruled that any violation of the Second Amendment constitutes irreparable harm – a factor needed to receive a preliminary injunction on NRA’s lawsuit challenging the constitutionality of the Illinois statute prohibiting carriage.

The NRA filed a lawsuit, Shepard v. Madigan, on May 13 in the United States District Court for the Southern District of Illinois. The lead plaintiff is church treasurer Mary Shepard; joining her is the Illinois State Rifle Association, the NRA’s state affiliate.

See entire News Release.