7th Circuit Issues Preliminary Injunction against Chicago Gun Range Ban


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The 7th Circuit Court of Appeals has reversed the district court that had refused to issue a preliminary injunction against Chicago's firing range ban.

Although the preliminary injunction is only good while the litigation is pending, the court's opinion bodes well for final decision being issued in favor of plaintiffs.

On the present record, the plaintiffs are entitled to a preliminary injunction against the firing-range ban. The harm to their Second Amendment rights cannot be remedied by damages, their challenge has a strong likelihood of success on the merits, and the City's claimed harm to the public interest is based entirely on speculation.

The plaintiffs have established their entitlement to a preliminary injunction based on their Second Amendment claim, so we need not address the alternative argument that range training is protected expression under the First Amendment. Given the strong likelihood of success on the former claim, the latter claim seems like surplusage.

For the foregoing reasons, we Reverse the district court's order denying the plaintiffs' motion for a preliminary injunction and Remand with instructions to enter a preliminary injunction consistent with this opinion.

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