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List of ISRA Involved Court Cases


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#1 InterestedBystander

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Posted 20 February 2020 - 08:29 PM

For those not reading the ISRA newsletters.
 
 
Executive Directors Message
 
The Illinois State Rifle Association is fully engaged in defending the Second Amendment Rights of Illinois citizens.  In many cases our efforts have helped firearm owners beyond our borders.  One of the ways we fight for your rights is working to turn back both Illinois government and local government overreach and oppression.  As you will see in the updated list of lawsuits, we have worked through the courts and are now asking the United States Supreme Court (SCOTUS) to hear our cases.  There is no guarantee that they will.  Some Justices on the Court don’t want to hear Second Amendment cases for fear they will strengthen the Second Amendment.  I understand Ginsberg is leading the charge against Second Amendment cases.  Below is a list of the cases the ISRA is involved in and their status at this time:

Culp v. Raoul – Kevin Culp is a now-retired Colonel in the United States Air Force who was, until recently, on temporary duty in Illinois.  Because he is not an Illinois resident, he cannot get an Illinois Conceal Carry License (ICCL). A Certiorari Petition to the Supreme Court of the United States (SCOTUS) is pending.  A Certiorari Petition means that we are asking the United States Supreme Court to hear our case.  Attorney General Raoul is named because he is the Attorney General of Illinois.

BFF Firearms, et al, v. Raoul (Firearm Dealer Licensing case) - The ISRA has filed a motion to amend the complaint following the enactment of Emergency Rules.  The plaintiffs have a motion for a preliminary injunction to stop the law.  The State of Illinois has filed to dismiss the case.

Thomas, Lazic, ISRA v. Illinois State Police – Thousands of Illinois FOID card holders have appealed the denial or revocation of their FOID cards and have not had those FOID cards approved or returned, despite obvious situations where the restoration should have been quickly processed. In part, this problem stems from the more than $29,500,000 which was swept from the funds which prevented hiring the personnel and purchasing equipment which would fix the problem.  Complaint filed.  The Illinois State Police (ISP) has not yet responded.

White, ISRA v. Illinois State Police – Mr. White lives in a bad Chicago area.  He has a FOID card and has never done anything wrong but cannot get an ICCL, mainly because he is on the Chicago gang database list.  He is not and has never been a gang member.  The only thing he has done wrong is grow up in a bad neighborhood.  A motion to dismiss by the Defendant is pending.

Miller, ISRA v. Smith – This is a foster parent and home day care case.  If you have a daycare home, and/or are a foster parent, the Department of Children and Family Services will only allow you to have a firearm if it is unloaded and in a safe. Also, if you have a day care home you cannot possess a handgun at all.  They also have the right to inspect without notice.  This case is in ongoing discovery.

Easterday, ISRA v. Village of Deerfield – This is an assault weapons law preemption case.  State law preempts local municipals from passing certain firearm ordinances.  Deerfield defied state law.  The trial court ruled in the Plaintiffs’ favor and struck down the ordinance as a violation of State law.  This case is presently on appeal to the Second Appellate District.

Wilson, et al v. Cook County et al - A case brought against Cook County, challenging its “Assault Weapon” ban.  Originally filed in 2007, the case went twice to the Appellate Court and Illinois Supreme Court.  Following the Friedman decision, the case was dismissed and refiled.  The refiled case was removed to Federal Court.  The District Court and Seventh Circuit declined Plaintiffs’ efforts to distinguish this case from Friedman, and dismissed/affirmed the dismissal of Plaintiffs’ complaint.  A Petition of a Writ of Certiorari is before the United States Supreme Court.

Brown adv. State of Illinois – Vivian Brown had a single shot .22 rifle in her home for self-defense.  She had no FOID card.  A White County court ruled the FOID unconstitutional in the home.  The State filed a direct appeal to the Illinois Supreme Court.  That Court heard arguments on the case in September, 2019.  We are awaiting a decision.

The ISRA is defending your Second Amendment Rights in Springfield.  As I have mentioned before, Bloomberg and company have turned their attack toward state legislatures.  We have just witnessed this in Virginia.  It is happening in Illinois also.  At present, we are dealing with 254 bills that have been introduced in the 101st General Assembly.  We may see SB1966 coming back.  There is no question that the ISRA needs your support.  If you are not a member, please join at once

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#2 ChicagoRonin70

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Posted 21 February 2020 - 05:39 PM

Yes, this is something I have been looking for, as a reference!


"A well educated Media, being necessary for the preservation of free speech, the right of the people to keep and read books, shall not be infringed."
"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."
Who gets to keep and read books? The Media? Or is it the People?
 
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#3 Mr. Fife

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Posted 07 December 2020 - 05:51 PM

Re Easterday v Deerfield... https://twitter.com/...3581763586?s=19
Have all boated who fish?
Have all boated who fish?
Have all boated who fish?
 
 

#4 Euler

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Posted 07 December 2020 - 06:05 PM

Re Easterday v Deerfield... https://twitter.com/...3581763586?s=19


Summary: Deerfield's 2018 AWB was an amendment to a 2013 ordinance, so it's allowed. The mag ban was disallowed. Since the overall judgment has parts that ruled for the plaintiffs and parts that ruled for the defendants, both have grounds for appeal.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#5 mab22

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Posted 11 December 2020 - 08:07 PM

I thought this one was settled in IL Supreme Court, she didn’t need a license “in the home”.

Brown adv. State of Illinois – Vivian Brown had a single shot .22 rifle in her home for self-defense.  She had no FOID card.  A White County court ruled the FOID unconstitutional in the home.  The State filed a direct appeal to the Illinois Supreme Court.  That Court heard arguments on the case in September, 2019.  We are awaiting a decision.


Void the FOID!

#6 Euler

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Posted 11 December 2020 - 08:33 PM

I thought this one was settled in IL Supreme Court, she didn’t need a license “in the home”.
Brown adv. State of Illinois – Vivian Brown had a single shot .22 rifle in her home for self-defense.  She had no FOID card.  A White County court ruled the FOID unconstitutional in the home.  The State filed a direct appeal to the Illinois Supreme Court.  That Court heard arguments on the case in September, 2019.  We are awaiting a decision.


It wasn't exactly settled there. The IL Supreme Court ruled that there were no grounds to rule on the constitutionality of the FOID (so the "unconstitutional" ruling on the FOID was overturned), then sent the case back to White County court to decide the criminal charge. I don't know what happened there, if anything yet.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#7 tcstoner

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Posted 26 December 2020 - 11:54 PM

How to track the Thomas v. Kelly case:

 

https://www.courtlis...s-state-police/


Edited by tcstoner, 26 December 2020 - 11:55 PM.





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