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Judicial Case Index and Archives

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#1 mauserme

    Eliminating the element of surprise one bill at a time.

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Posted 15 June 2016 - 08:07 PM

In order to improve the usability of the Judicial Second Amendment Case Discussion Forum I'm un-pinning several threads.

The following index includes those threads, and some more recent case discussion that might be of interest. More cases, descriptions, etc will be added as time permits. Please let me know if you have better descriptions or cases you think should be included.

2014 - 2016 Annual Court Decisions Reports to the ILGA

2016 Court Decision Summary - FOID Act

Ameren Illinois vs IBEW, Local 51
US Court of Appeals 7th District
Employee dismissal for firearm stored in vehicle overturned

Association Of New Jersey Rifle And Pistol Clubs, Inc Vs. New Jersey
US Court of Appeals 3rd District
Challenges New Jersey's magazine capacityrestriction

Benson v Chicago (Pacholski)
US Northern District of Illinois
Multiple challenges to Chicago firearm ordinance enacted after McDonald

Berron et al v Illinois CCLRB et al
US District Court Nourtheast District of Illinois
Challenge to denial of concealed carry license

Kolbe v CCLRB

Berron et al v Illinois CCLRB et al follow up topic

Binderup et al v Attorney General et al
3rd Circuit
Restoration of rights

Coalition for Safe Chicago Communities et al v Riverdale, Lyons, & Lincolnwood
Plaintiff Michael Pfleger et al attempt to impose Chicago gun control on suburban gun shops

Caetano v Massachusetts
US Supeme Court
Massachusetts ban on stun guns reversed

Corum v Illinois
Illinois Supreme Court
Restoration of rights after a deomestic violence conviction

Culp v Madigan
Nonresident challenge to IL FCCA.  IllinoisCarry is a co-plaintiff

Defense Distibuted et al v US Department of State

Defense Distributed v New Jersey & Los Angeles

States v US Department of State & Defense Distibuted

DeVost v City of Waukegan
Seeks return of improperly confiscated firearm.

Drake v Jerelian
US Supreme Court
Challenges New Jersy's "justifiable need" requirement

Duberry et al v District of Columbia et al
Denial of permits under LEOSA

Duncan v Becerra
US Disrtict Court - Southern District of California
Challenges California's magazine ban

Ezell v Chicago
Challenge to Chicago's ban on gun ranges
Thread #1
Update Thread

Flanagan v Harris
US District Court/Central District of California
Seeks affirmation that DC v Heller recognized a Second Amendment protection to bear arms.  Challenges California's ban on carry.

Franklin v Sessions
US District Court/Western District of PA
Court strikes ban on firearm possession due to involuntary committal.

Friedman v Highland Park
Challenges Highland Park's AWB

Giffords Law Center v BATFE
US District Court/District of Columbia
Alleges BATFE failed to respond to FOIA requests

Gould v. Morgan

Grace et al v D.C. et al

Guns Save Life v Ali
Circuit Court of Cook County
Challenges Cook County ammo tax

Henerson v United States
US Supreme Court
Seeks to allow convicted felons to sell their firearms.  IllinoisCarry is included in a joint amicus brief.

Illinois State Rifle Association v Grau et al
Due process challenge to FCCA licening procedures

Espanola Jackson v City and County of San Francisco
US Supreme Court
Challenge to San Diego storage requirements.  Illinois Carry was included in a joint amicus brief


Hatfield vs Sessions

U.S. District Court - Southern IL

DECLARES that 18 U.S.C. § 922(g)(1) is an unconstitutional violation of the Second Amendment as-applied to Larry Edward Hatfield: a non-violent felon who received no prison time for his offense.

Johnson vs ISP
2nd Judiciary Circuit Court
Challenge to lifetime forearm possession ban for misdemeanor domestic battery convictions under the federal Lautenberg Act

Klayman v Obama
Southern District of Florida
Challenges an expansion of background checks

Kolbe v Hogan
Kolbe v Hogan Thread 1
Kolbe et al v Hogan
4th Circuit Court
Challenge to Maryland Firearm Safety Act

Kwong v de Blasio (fka Kwong v Bloomburg}
District Court challenge to New York City's firearm license fee

Mance v Lynch
5th Circuit Court
Interstate Handgun Transfers

Martel v Healey
US District Court (District of Massachusetts)
Challenges Massachuetts' ban on stun guns following Caetano v Massachusetts

McKay v Hutchins
NRA concelead carry cert petition

Meyers v Schmitz
Cancellation of former Illinois resident's license under the FCCA

Moore v Madigan
7th Circuit Court
Challenge to Illinois' ban on carry in any form

Murphy v Northern Mariana Islands
US District Court
Finds unconstitutional the firearm registration requirement, the ban on rifles in calibers larger than .223, the ban on assault weapons, the ban on transporting operable firearms, and the $1,000 excise tax.

Nichols v Brown
9th Circuit Court
Challenges California's open carry ban

Norman v State
Florida open carry ban.

Norman v State follow up topic

Oster v Hononegh High School
US District Court Northern District Illinois
Student's pro-2A speech stifled

People v Aguilar
Illinois Supreme Court
Challenge to UUW/AUUW prohibition on carrying as an invitee on another's property, and retroactive application of HB182 of the 96th General Assembly (PA96-0742)

People v Brzuskiewicz
Kane County, IL
725 ILCS 5/112A - 11.5 (Protective Order Issuance) found unconstitutionally in violation of due process and seperation of powers in US Constitution.

People v Burns
Illinois Supreme Court
Section 24-1.6(a)(1), (a)(3)(A) of the AUUW statute found facially unconstitutional

People v Chariez
Illiois Supreme Court
Ban on firearms with 1,000' of a park struck down.

People v Daniels
Appellate Court of Illinois,First District, Fourth Division
Conviction vacated based on Aguilar

People v Horton
1st Disctrict
The Court finds that exercising Second Amendment rights not not diminish Forth Amenement rights.

People v Mosley
Illinois Supreme Court
Challenged Constituionality of the FOID Act

People v Juan Williams
Illinois Supreme Court
Finds sentencing penalties under 720 ILCS 5/24-1.6 unconstitutional

Peruta v City of San Diego
9th Circuit Ruling
Sheriff will not appeal

Powell v Tompkins
US Supreme Court
Challenge to firearm licensing

Queen v Alvarez and Berlin
Northern District of Illinois
Seeks injunctive relief against enforcement of the ban on carry following Moore

Radich v Guerro
Radich v Guerro
SAF wins case
9th Circuit Court
Northern Marianas Island ban on handguns

Rothery et al v. Blanas et al
California concealed carry

Samuel v Trame
Nonresident military challenge to FCCA

Schults v Sheldon
US District Court - Central District
Foster parents denial of rights by Illinois Deparment of Children and Family Services (IDCFS)

Shepard v Madigan
7th Circuit Court
Challenge to Illinois' ban on carry in any form

Shew et al v Malloy et al
US District of Connecticut
Challenge to Connecticut's AWB

Soto v Bushmaster Firearms
Connecticut Supreme Court
Sandy Hook related law suit.

Southerland v ESCAPA

Sterr v Trame
Class action suit challenging ISP charge for filing FOID application electronically.

Sylvester v Harris
9th Circuit with SCOTUS Follow Up
10 day waiting period

Thomann, Finnignan, Knoll, IllinoisCarry v CCL Review Board
7th Circuit Court
Due process for applicants denied a concealed carry license.  IllinoisCarry is a co-plaintiff.

Texeira v Alameda
9th Circuit Court
Bans on FFLs within 500' of residential areas

Tracy Rifle and Pistol v. Becerra
US District Court - Eastern District California
Challenges California prohibition on display of handguns in advertising

United States v Robinson
4th Circuit Court

Washington State c Edgar Dennis III
Court of Appeals of Washington, Division 1
Restoration of rights

Wilson v Cook County
Cook County, IL  ban on modern sporting firearms

Winbigler v Warren County Housing Authority
US Central District of Illinois
Challenge to Warren County, IL ban on firearms in subsidized housing

Woolard v Gallagher
US Supreme Court
Challenge of Maryland's "good cause" form of firearm licensing

Wren v DC
US District Court
Challenge to DC may issue

Young v Hawaii
9th Circuit Court of Appeals
Right to Carry



Edited by Molly B., 04 June 2019 - 09:12 AM.

#2 cls74


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Posted 15 June 2016 - 08:43 PM

Thank you Mauserme for your dedication and commitment to our cause.

It doesn't go unnoticed

#3 jmeyers


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Posted 16 June 2016 - 04:24 AM

This is a fantastic idea mauserme

#4 MrTriple


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Posted 16 June 2016 - 07:20 AM

Thank you for your effort!
"The point of [so-called "assault weapon" bans]...is not to ban firearms that are dangerous, it's to ban firearms that gun owners want to own because the people making the laws don't like gun owners. If we want to buy non-semiauto AR-style rifles, they'll ban those too, and for the same reason."


#5 Charles Nichols


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Posted 28 June 2016 - 07:13 AM

Here is a case which has the potential to be SCOTUS bound because if the district court decision is affirmed in the 9th Circuit, it will create a SCOTUS Rule 10 split with the Eleventh Circuit if the Eleventh Circuit affirms the decision of the district court in GeorgiaCarry.Org et. al. v. Army Corps of Engineers 


The 9th Circuit case is Nesbitt v. Army Corp of Engineers.


The 11th Circuit district court held that Army Corp of Engineer recreational areas, where guns are allowed for hunting and target shooting, are "sensitive" places under the Heller decision where arms can be prohibited.  The 9th Circuit district court judge came to the opposite conclusion.

Concealed carry is of no use to me because I don't carry a purse or wear a dress, and I'm not into secret advantage and unmanly assassination.


"Should the Open Carry movement become successful it will result in the greatest dissolution of government power since the collapse of the Soviet Union." - Charles Nichols
"If a monkey looks into a book, a sage cannot look out." - Georg Christoph Lichtenberg
"La plus belle des ruses du diable est de vous persuader qu'il n'existe pas." - Charles Baudelaire 
"God doesn't want me and the devil isn't finished with me." - Raymond Reddington
"When you lift the last veil, you might discover that your bride is an ignorant, illiterate child living in a world of fear and superstition." - Charles Nichols.* 
* I posted this on my Facebook page on May 20, 2011.  Unable to find its origin, I claim to be its creator.

#6 domin8


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Posted 31 July 2019 - 11:24 AM

This is missing People v Holmes. Thr final ruling was issued by the Illinois Supreme Court in 2011. It was a lawsuit regarding nonresident FOID and transport of firearms Sent from my SM-N960U using Tapatalk
I'm either banned, going to be banned, or just returned from being banned. The truth hurts.

#7 ChicagoRonin70

    The Landlord of the Flies!

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Posted 31 July 2019 - 11:47 AM

Yes, this is a fantastic resource! I am regularly having to do searches and checking the archives for these cases!

"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?

"One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest." —Me


"Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck."—Samurai proverb


"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."—Robert Heinlein


"I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist."—Me


"It ain't braggin' if you done it."—Will Rogers



#8 mauserme

    Eliminating the element of surprise one bill at a time.

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Posted 31 July 2019 - 01:02 PM

I have some updating to do....

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