IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
BRETT BENSON, RAYMOND SLEDGE,
KENNETH PACHOLSKI, KATHRYN TYLER, )
and the ILLINOIS ASSOCATION OF
FILED: July 6, 2010
Civil Action No.
THE CITY OF CHICAGO and
RICHARD M. DALEY, Mayor of the
City of Chicago,
COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
Plaintiffs RAYMOND SLEDGE, BRETT BENSON, KATHRYN TYLER, KENNETH
PACHOLSKI, and the ILLINOIS ASSOCIATION OF FIREARMS RETAILERS, by and
through their attorneys, for their complaint against Defendants CITY OF CHICAGO and
RICHARD M. DALEY, Mayor, state as follows:
This is an action to vindicate the federal constitutional rights of residents of
Chicago, Illinois, to keep and bear arms under the Second and Fourteenth Amendments to the
United States Constitution.
The Supreme Court has unequivocally declared that the Second Amendment
“guarantee[s] the individual right to possess and carry” arms. District of Columbia v. Heller, 128
S. Ct. 2783, 2797 (2008). In particular, Heller struck down a ban on the possession of handguns,
Case 1:10-cv-04184 Document 1 Filed 07/06/10 Page 1 of 20
“the most popular weapon chosen by Americans for self-defense in the home.” Id. at 2818. The
City of Chicago (“the City”) has long denied this fundamental right to its citizens, banning in
1982 all possession of handguns for any purpose whatsoever. On June 28, 2010, in McDonald v.
City of Chicago, 561 U.S. __, No. 08-1521, slip op. (2010) (attached as Ex. A), the Supreme
Court made clear that, like other fundamental constitutional rights, the right to keep and bear
arms is protected against infringement by state and local governments. Accordingly, the City’s
total ban on handgun possession was patently unconstitutional.
As the Supreme Court has noted, the City views the Second Ame