Sigale Achieves Two Important Second Amendment Rulings on Same Day

Today, Attorney David G. Sigale achieved two favorable Court Opinions with potentially large impacts on the nature and exercise of Second Amendment rights.

First, Atkinson v. Garland involves the question of whether long-ago non-violent felons can be permanently disarmed under 18 U.S.C. § 922(g)(1). Plaintiff had requested a hearing to show that – despite his conviction – he was law-abiding and not dangerous, and thus was deserving of Second Amendment rights. The district court upheld the statute and dismissed Plaintiff’s case. The Seventh Circuit, by a 2-1 panel vote, reversed the district court, reinstated the Plaintiff’s lawsuit, and remanded it to the district court for consideration of this important legal question in light of the Supreme Court’s Bruen decision, which was issued midway through the Atkinson appeal.

Also, today, in Levine v. UL LLC, the Illinois First District Appellate Court ruled that terminating an employee with a CCL for possessing a firearm in his vehicle in the company lot, despite the clear legal protection of Section 66/65(b) of the Illinois Firearm Concealed Carry Act (which allows a CCL-holder to safely store a concealed firearm in the trunk of his or her car if arriving at a private location that does not allow firearms inside), is a violation of public policy that can give rise to a claim for wrongful termination. Since there has not been an expansion of the allowable public policy exceptions to at-will employment in Illinois (such as for whistleblowing) in a very long time, this is a major ruling. For the Plaintiff, this means the dismissal of his case was reversed, and we get to pursue his claim another day.

Thank you as always to the Illinois State Rifle Association for its support of these cases.

The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.

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