Kramer Levin Files Amicus Brief on Behalf of the American Medical Association, the American Academy of Pediatrics and the Illinois State Medical Society in Support of Gun Safety Measures to Protect Children

On Oct. 12, 2022, Kramer Levin filed an amicus brief on behalf of our clients the American Medical Association, the Illinois State Medical Society, the American Academy of Pediatrics and its Illinois Chapter, in support of Illinois gun safety measures to protect children. The brief was filed in the Seventh Circuit Court of Appeals in Jennifer Miller et al. v. Marc Smith et al., No. 22-1482.

The Illinois State Rifle Association (the NRA’s Illinois affiliate), Second Amendment Foundation Inc., Illinois Carry and two foster parents sued to strike down regulations enacted by the Illinois Department of Children and Family Services that (1) prohibit handguns in home day care facilities, and require all other firearms in such facilities to be stored locked and unloaded and separately from the ammunition, and (2) require that any firearms in foster homes be stored locked and unloaded and separately from the ammunition. The plaintiffs allege these regulations violate their Second Amendment rights. One of the individual plaintiffs would like to be able to carry two loaded firearms on his person and store three loaded handguns and a loaded AR-15 in a safe in his foster home. The District Court dismissed their complaint before the Supreme Court’s recent expansion of the Second Amendment in New York State Rifle and Pistol Association v. Bruen. Plaintiffs appealed.

Our amicus brief provides the firsthand experiences of 12 physicians and a child life specialist who treat children who have suffered gunshot wounds. The physicians include pediatricians, trauma surgeons and neurosurgeons. Many have owned firearms or grown up around firearms. They describe the grim realities of firearm violence, including the devastating physical and emotional consequences for children and their families. One pediatric surgeon explains that he is tired of wiping children’s brains off his shoes after surgery required by the firearm violence that afflicts his patients. Another points out that if a firearm is available in a home, unsecured, the risk of suicide is three times as high, and when a firearm is used it is fatal 95% of the time. Other physicians explain that children are curious. Children find guns in a home. And children as young as 3 years old have the strength to pull the trigger. Several physicians observe that they protect their own children by inquiring whether a home has unsecured guns before allowing their children to visit.

The amicus brief argues that Illinois’ safe storage requirements are constitutional under Bruen because home day care facilities and foster homes are “sensitive places” for children. The brief describes medical and public health research that shows firearm injuries are the leading cause of death for children 19 years old or younger. This is exacerbated when homes have firearms that are not stored safely and unloaded. Many adults do not understand the risks. For example, one study found 75% of parents report their child would not touch a gun if he found one. But a study showed 76% of school-age boys who find a firearm hidden in a drawer handle the firearm and 48% pull the trigger. Another study shows 86% of gun-owning parents and caregivers believe children can distinguish between a real gun and a toy gun, but in fact fewer than half the children can do so. Safe storage requirements such as Illinois’ regulations reduce the risk of firearm injuries and death.

The Kramer Levin team includes Litigation partner Michael J. Dell, associate Jonaki M. Singh and paralegal Angela Chan.

Read the brief here.