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Northwest IL gun club sues to overturn IL open carry handgun ban


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#1 Molly B.

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Posted 21 November 2019 - 11:46 AM

Northwest IL gun club sues to overturn IL open carry handgun ban

 

Sinnissippi Rod & Gun Club, Inc., and ) Simon Eichelberger, ) Plaintiffs, ) v.  No. Kwame Raoul, in his official capacity as ) Illinois Attorney General; and ) Brendan F. Kelly, in his official capacity as ) Director of Illinois State Police, ) Injunctive relief requested

 

Attached File  Sinnissippi_Gun_v_Raoul.pdf   93.89KB   21 downloads
 

 

STERLING - A northwest Illinois gun club and one of its members have sued the Illinois state government, asking the courts to declare Illinois’ prohibition on open carry of firearms unconstitutional.

 

On Nov. 8, plaintiffs Simon Eichelberger and the Sinnissippi Rod & Gun Club, of Sterling, filed suit in Whiteside County Circuit Court. Defendants named in the complaint include Illinois Attorney General Kwame Raoul and Illinois State Police Director Brendan Kelly, both in their official capacities, as state officers tasked with enforcing the state’s firearms laws.

 

The plaintiffs are represented in the action by attorney Dmitry N. Feofanov, of ChicagoLemonLaw.com P.C., of Lyndon.

 

According to the relatively brief four-page complaint, Eichelberger and other members of the Sinnissippi club, as well as many other gun owners throughout the state, hold Firearms Owners Identification Cards (FOID) and are licensed by the state to conceal and carry their handguns.

 

According to the complaint, Eichelberger is also a National Rifle Association Certified Firearms Instructor and an Illinois certified Conceal Carry License instructor.

 

However, the complaint asserts Eichelberger and other members of the club, as well as firearms owners throughout Illinois, would choose to carry their weapons in plain sight, if they did not feel it was illegal to do so.

 

“Most of (the club’s) members would carry a loaded and functional handgun openly in public for self-defense and defense of others, but they refrain from doing so because they fear arrest and prosecution, as they understand it is unlawful to open-carry handguns in Illinois,” the complaint said.

 

The complaint asserts this state law is unconstitutional under the Second Amendment to the U.S. Constitution, as interpreted by the U.S. Supreme Court in its 2008 decision in District of Columbia v Heller, and as interpreted by the Illinois Supreme Court in decisions in 2013 and 2018.

 

The state’s “enforcement of these unconstitutional statutes infringe Plaintiffs’ Second Amendment rights … and irreparably damage Plaintiffs,” the complaint said, adding: “Plaintiffs are entitled to enjoy their constitutional rights without fear of criminal penalties.”

 

 


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#2 bmyers

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Posted 21 November 2019 - 11:47 AM

Interesting. 


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#3 Kaeghl

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Posted 21 November 2019 - 11:49 AM

All I would say is "Good luck". I wonder how long it will take for this to be dismissed or taken seriously by the courts.



#4 ScottFM

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Posted 21 November 2019 - 01:25 PM

I am not a hunter so I am not familiar with the rules that govern them. How does the Illinois law allow hunters to 'open carry' their rifles? Isn't hunting on public lands allowed with some caveats? 


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#5 Nod

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Posted 21 November 2019 - 03:14 PM

I never thought we'd get concealed carry in IL.  So if we get open carry it won't surprise me as much.



#6 Flynn

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Posted 21 November 2019 - 03:51 PM

I think right now this lawsuit is dead in the water at this stage, but depending on the outcome of NYSRPA if the SCOTUS really lays down the gavel that the 2nd is a right that deserves at least scrict scrutiny and equal protections of other civil rights, then it opens up floodgates to open carry challenges, as the hyperbolic 'government' reasons to ban open carry simply don't rise to the level to infinge how one might choose to exercies the right vs another's choice.  It would be akin to saying you have freedom of speech in physical print but can be banned on the virtual Internet, a right can not be tied to a single way it's allowed to be exercised with other ways being banned simply because some find it offensive or it upsetst them.


Edited by Flynn, 21 November 2019 - 03:52 PM.

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#7 Sol-Invictus

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Posted 21 November 2019 - 07:59 PM

Excellent, based on recent court decisions and even the 9th last year this has serious and undeniable merit. Should be an easy and quick process if the judges follow the law and do not commit impeachable and criminal offenses by denying rights under color of law. Sent from my SM-G920V using Tapatalk

#8 ChicagoRonin70

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Posted 21 November 2019 - 09:13 PM

Hmm, interesting. I wonder when all of this litigation is going to finally cause a decisive ruling that will invalidate the whole BS house of cards that these infringements are built on?


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#9 JTHunter

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Posted 22 November 2019 - 09:44 PM

We can hope Ronin.  We can hope.


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#10 Bitter Clinger

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Posted 23 November 2019 - 09:44 AM

I'd rather see a challenge to the unconstitutional FOID card first before an open carry challenge.



#11 Bird76Mojo

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Posted 24 November 2019 - 02:27 PM

This will result in the usual liberal judge nonsense stating something along the lines of "it creates public panic/unrest, and gives the police an overwhelming amount of work to determine if an armed citizen has ill intent"

But one can hope.


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