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Illinois Attorney General
Kwame Raoul

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January 31, 2023

Raoul Leads Coalition Arguing Law Does Not Violate Second Amendment

Chicago  — Attorney General Kwame Raoul and Attorney General for the District of Columbia Brian Schwalb led a coalition of 16 attorneys general asking the U.S. Court of Appeals for the 2nd Circuit to reverse a lower court decision that preliminarily enjoined a provision of New York’s Concealed Carry Improvement Act (CCIA). In an amicus brief, Raoul and the coalition argue that the lower court’s decision was wrong because the enjoined provision of the CCIA is consistent with Supreme Court precedent and with a long tradition of states enacting similar regulations to meet their responsibility to protect residents from the harmful effects of gun violence.

In the brief, Raoul and the coalition explain the CCIA requirement, which criminalizes possession of a weapon on another person’s private property when the person carrying the firearm knows or should reasonably know that the property owner has not given express consent to carry firearms on the premises, is constitutional and effective. Raoul and the coalition further explain the Second Amendment allows states to implement firearm regulations tailored to local conditions to promote gun safety and protect the public from gun violence.

“States have a right to enact regulations that allow property owners to decide whether others may carry firearms on their property,” Raoul said. “I will continue to join my colleagues across the country to defend states’ rights to implement laws that promote safety, prevent crime and minimize gun violence.”

In the amicus brief, Raoul and the coalition argue New York’s default rule that firearms are not allowed on private property without express permission does not run afoul of the Second Amendment. Rather, it falls within the states’ authority to protect public safety through an approach tailored to the needs and characteristics of each community. Raoul also argues this provision is consistent with the longstanding practice of states across the country enact regulations for the carry of firearms on private property. Raoul and the coalition also say in the brief that the law is consistent with public opinion.

The brief is the most recent step in Attorney General Raoul’s work to address gun violence throughout Illinois and across the nation. The Attorney General’s office created a state-of-the-art crime-gun tracing database for Illinois law enforcement called Crime Gun Connect. Raoul’s office also collaborates with local law enforcement to combat gun trafficking and has used the office’s jurisdiction to prosecute multi-county gun trafficking offenses. Additionally, the Attorney General’s office works with law enforcement agencies and prosecutors to increase awareness of Illinois’ red flag law and to address gaps in Illinois’ firearms licensing system. The office also continues to prosecute individuals who lie on FOID card applications.

The Attorney General’s office partners with the U.S. Secret Service National Threat Assessment Center (NTAC) to try to avert violence by hosting trainings for law enforcement officers, educators, religious leaders and other community members that are designed to prevent targeted acts of violence.

Attorney General Raoul has persistently advocated at the federal and state levels to strengthen regulation of 3D-printed guns and ghost guns. Illinois law now prohibits ghost guns, but the office continues to fight in federal court to help defend a recent rule closing the federal loophole. Meanwhile, the Attorney General’s office also defends cases pending in courts across the state challenging Illinois regulations of firearms. Nationally, Attorney General Raoul successfully filed and resolved a lawsuit to get the federal firearm license of an unscrupulous arms manufacturer revoked.

In addition to supporting law enforcement efforts to keep communities safe from gun violence, the Attorney General’s office supports victims’ service providers around Illinois that offer trauma-informed services for crime victims and their families. Raoul’s Violence Prevention and Crime Victim Services Division administers a host of programs and services to assist survivors of violent crime. More information is available on the Attorney General’s website.

Joining Raoul and Schwalb in the filing the brief, are the attorneys general of California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.