GUNS SAVE LIFE, INC., ) Appeal from the
Plaintiff-Appellant, ) Circuit Court of
) Sangamon County
v. ) No. 19CH180)
KWAME RAOUL, in His Official Capacity as ) Attorney General of the State of Illinois; and ) BRENDAN KELLY, in His Official Capacity as ) Honorable Acting Director of the Illinois State Police, ) Matthew Maurer, Defendants-Appellee
...JUSTICE DeARMOND delivered the judgment of the court, with opinion.
Presiding Justice Holder White and Justice Harris concurred in the judgment and opinion.
1 In May 2019, plaintiff, Guns Save Life, Inc. (hereinafter GSL), filed a complaint for declaratory and injunctive relief, on behalf of its members, against defendants, Kwame Raoul and Brendan Kelly, in their official capacities, alleging the Firearm Owners Identification Card Act (FOID Act) (430 ILCS 65/0.01 et seq. (West 2018)) is unconstitutional as a violation of the federal and state constitutional right to bear arms. Plaintiff claims the FOID Act charges a tax on the rights of Illinoiss citizens provided by the second and fourteenth amendments of the United States Constitution (U.S. Const., amends. II, XIV) and article I, sections 2 and 22, of the Illinois Constitution (Ill. Const. 1970, art. I, §§ 2, 22) and violates the equal protection clause of the fourteenth amendment by improperly requiring one to pay for a license to own a firearm.
Additionally, plaintiff filed a motion for a temporary restraining order and a preliminary injunction seeking to restrain enforcement of the FOID Act as a clear violation of the right to keep and bear arms. In a hearing on the motion, the trial court found plaintiff had not met its burden, and plaintiff filed an interlocutory appeal.
2 On appeal, plaintiff argues the trial court erred by denying plaintiffs motion for a preliminary injunction.
Edited by InterestedBystander, 06 December 2019 - 09:56 AM.