U.S. Seventh Circuit - The FindLaw 7th Circuit Court of Appeals Opinion Summaries Blog

Gun Control Class Action Filed in Illinois

A group of plaintiffs in the city of Chicago have filed a lawsuit against the state of Illinois for not doing enough when it comes to gun control.

The plaintiffs are all individuals who have lost at least one family member to gun violence. And the lawsuit blames the state's failure to implement common sense gun control for the 2,000 gun related murders over the past three years. The lawsuit explains that the gun violence is beyond an epidemic and is having a disproportionate impact on the African American community.

Suing to Stop Guns

The lawsuit contends that 40% of the guns used in the gun-related crime in Chicago come from local gun stores. This fact makes it simpler for the state to enact and enforce low cost and effective gun control regulations to curtail "gun-trafficking" by the local stores.

The lawsuit states rather compelling statistics showing the vast difference in the murder numbers between white and African American neighborhoods to establish that there is a particularized need for relief for the plaintiffs and class.

The plaintiffs allege that as a result of the frequent gun violence happening around them, each suffers from PTSD, and that a whole class of young African American children do too. The PTSD that the children suffer is the basis of an Americans with Disabilities Act claim as well.

While the case may seem to be novel, or grasping for the court to take action where the state's legislature should, the need for relief is real and compelling.

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