On Wednesday, March 13, 2024, the National Police Association (“NPA”) filed a brief in the United States Supreme Court in support of the petition of Illinois residents for review of the decision of the United States Court of Appeals for the Seventh Circuit in Harrel, et al v. Raoul, et al. The NPA has filed briefs amicus curiae across the country in support of rules of law that assist police officers with the difficult and often life-threatening circumstances to which they are exposed in their line of duty and continues to advance the basic truth that what stops criminals intent on shooting victims is a good man or woman with a gun—which can’t always be a police officer.
In this case, the Seventh Circuit vacated a trial court’s preliminary injunction barring the State of Illinois from prohibiting the ownership of common semiautomatic firearms characterized as “assault weapons” and the standard-capacity magazines that ship with them.
The NPA believes that the modern policy focus on protecting criminals and restricting the Second Amendment rights of law-abiding citizens is counterproductive for maintaining public order and that armed citizens play an important role in stopping or limiting mass shootings and many other crimes. Studies have demonstrated that gun laws encouraging law-abiding citizens to own and carry firearms can result in reduced crime rates for many types of crimes.
The NPA also explains in its brief that the State of Illinois is wasting many millions of dollars that could be spent to punish criminals and hold them accountable but is instead spent on obviously unconstitutional legislation such as this. The decision of the Seventh Circuit, like many other recent judicial decisions across the country, amounts to flagrant disregard of fundamental Second Amendment rights that have been repeatedly affirmed by the Supreme Court. Police officers in Illinois (and elsewhere) are being forced to choose between enforcing these blatantly unconstitutional firearms laws (risking civil liability from the gun owners) or being fired for refusal to enforce them (as the Governor of Illinois has already threatened).
Attorney James L. Buchal stated, “The NPA stands behind these officers and asks the Supreme Court to step up to its duty to shut down the insurrection against the Second Amendment in the federal judiciary.” The NPA warns the Court: “. . . it is important to stamp out disorder [in the lower courts] quickly before casual disregard for the [Supreme] Court’s precedents spreads to a degree that strains the ability of the [Supreme] Court to control it, just as many of the Nation’s cities are falling into greater and greater disorder from political choices to protect criminals and punish the law-abiding.”
The National Police Association is represented by James L. Buchal of Murphy & Buchal LLP. The NPA’s brief can be read here.
The National Police Association is a 501(c)3 Educational/Advocacy non-profit organization. For additional information visit NationalPolice.org.
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