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ISRA v Raoul - ISRA challenges Gun Dealer Licensing


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#1 steveTA84

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Posted 17 July 2019 - 09:42 AM

Dear ISRA member,

Today, the Illinois State Rifle Association has filed a lawsuit challenging the state licensure measure Governor JB Pritzker signed into law shortly after taking office.

Senate Bill 337 was passed in the 100th General Assembly but was never sent to then Governor Bruce Rauner because 2nd Amendment rights opponents knew he would veto it. After Governor JB Pritzker was sworn in as Governor, SB 337 was sent to him even though the 100th General Assembly had ended and the 101st General Assembly had already begun.

The law requires federally licensed gun dealers to obtain a state license to sell firearms. Federal licenses cost $90 for three years. A dealer with no posted hours must pay $300 for a three-year license more than 300 percent of what the cost of a federal dealer license is. If a dealer has posted hours (even as little as one hour) the dealer must pay $1,500 for a three-year state license more than 16 times the cost of a federal license.

The political gamesmanship to get this legislation signed into law is appalling. Rules and deadlines apparently mean nothing to advocates for gun control. Senate Bill 337 should have died in the 100th General Assembly and as a result, we are left with no choice but to challenge this terrible new law in court. The federal government already licenses gun dealers. All this does is create more red tape and increase the cost of doing business.

According to a recent news report from the Center Square, there are 2,351 federally licensed firearms dealers in Illinois but only 1,140 of those dealers applied for states licenses a difference of 1,211 or more than half the number of federally licensed dealers.

There are now more than 1,200 local businesses no longer in business thanks to this law. It is a blow to the 2nd Amendment and to the Illinois economy. This law was never about public safety. It was always intended to have a chilling effect on the firearms industry, and it is working. It is a blow to the 2nd Amendment and to the Illinois economy. The ISRA will keep fighting to get this onerous law overturned.

One of the ways the ISRA stands up for 2nd Amendment rights in Illinois is to file court challenges to gun control laws. The ISRA has won 16 court challenges in a row. We are pleased with the tremendous success of these court challenges and we would like to be able to do more but these lawsuits are expensive. If you would like to help us fight this and other lawsuits, select this link and make a donation
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As always, thank you for your continued support.

Sincerely,

Richard Pearson
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Illinois State Rifle Association

#2 steveTA84

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Posted 17 July 2019 - 09:43 AM

ISRA has been kicking a** lately in terms of changing tactics and evolving/being aggressive. Rock on!!!

#3 cnwfan3

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Posted 17 July 2019 - 09:55 AM

It's about time!!  I'm glad they are challenging this.  It has always been about driving small FFLs out of business.



#4 Flynn

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Posted 17 July 2019 - 10:01 AM

I hope they challenged it on 2nd and 14th violation angles instead of taking the much weaker business/commerce angle.


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#5 20jlr

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Posted 17 July 2019 - 10:01 AM

Great news.!!! Heres to hopeing ccl waitimes is the next lawsuit. 


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#6 steveTA84

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Posted 17 July 2019 - 10:03 AM

It's about time!!  I'm glad they are challenging this.  It has always been about driving small FFLs out of business.


I’ll be making a donation next payday. They’re doing what many of us are asking them to do. We can help by contributing. They’re taking the gloves off

#7 Black Flag

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Posted 17 July 2019 - 10:05 AM

Nicely done I hope.

The information from the ISRA is not complete, indeed, it is lacking.

The ISRA filed a lawsuit somewhere, in some court system, presumably on some grounds, hopefully with some co-plaintiffs, against some defendants, with a lawyer or legal team.


Edited by Black Flag, 17 July 2019 - 10:10 AM.

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#8 Flynn

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Posted 17 July 2019 - 10:09 AM

The ISRA filed a lawsuit somewhere, in some court system, presumably on some grounds, hopefully with some co-plaintiffs, against some defendants.

 

Yeah it would be nice if they included more info, I can understand being vague before they actually file, but after they have filed the suit, spill the beans and give details about the actual complaint!


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#9 InterestedBystander

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Posted 17 July 2019 - 11:05 AM

It's about time!!  I'm glad they are challenging this.  It has always been about driving small FFLs out of business.


I’ll be making a donation next payday. They’re doing what many of us are asking them to do. We can help by contributing. They’re taking the gloves off
Over 2M FOID card holders in the state and IIRC less than 30,000 are ISRA members. More support would be a good thing (in spite of some things they do at times I might not agree with).
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#10 steveTA84

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Posted 17 July 2019 - 11:23 AM

It's about time!!  I'm glad they are challenging this.  It has always been about driving small FFLs out of business.


I’ll be making a donation next payday. They’re doing what many of us are asking them to do. We can help by contributing. They’re taking the gloves off
Over 2M FOID card holders in the state and IIRC less than 30,000 are ISRA members. More support would be a good thing (in spite of some things they do at times I might not agree with).

Well, with members here that filed witness slips in FAVOR of SB337 amendments, it’s hard to get all FOID holders on the same page to join the ISRA

#11 PeepSight

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Posted 17 July 2019 - 11:53 AM

I'll be making a donation as well. They deserve help with this. 


Edited by PeepSight, 17 July 2019 - 11:54 AM.


#12 Molly B.

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Posted 17 July 2019 - 11:54 AM

Attached File  FFLs v Kwame Raoul.pdf   200.2KB   244 downloads


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#13 InterestedBystander

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Posted 17 July 2019 - 12:08 PM

case 2019-CH-000253. (Chancery)

http://records.sanga...NumberSearch.sc

Edited by InterestedBystander, 17 July 2019 - 12:11 PM.

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#14 Flynn

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Posted 17 July 2019 - 12:08 PM

 

Glad to see they are pushing the civil and constitutional rights angle, that should (hopefully) prevail in the end.


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#15 Lou

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Posted 17 July 2019 - 12:12 PM

Good to see our very own Kenny AKA KAP Guns is a plaintiff.

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#16 mauserme

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Posted 17 July 2019 - 12:32 PM

Good to see our very own Kenny AKA KAP Guns is a plaintiff.

 

 

:clap:   Go Kenny

 

 

 

ETA:  I moved this to the Judicial Forum.


Edited by mauserme, 17 July 2019 - 12:34 PM.


#17 Stevepk

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Posted 17 July 2019 - 02:24 PM

Why wasn’t a restraining order filed the day JB signed this?
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#18 ChicagoRonin70

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Posted 17 July 2019 - 02:30 PM

We were just talking about this!

 

http://illinoiscarry...=2#entry1222368

 

It looks as if they are going with both the business chilling/unfair targeting and Second Amendment challenges, as well as the 14th amendment-esque angle that skinnyb82 referenced here:

 

http://illinoiscarry...=2#entry1222291

 

Am I interpreting this correctly? 


Edited by ChicagoRonin70, 17 July 2019 - 02:35 PM.

"A well educated Media, being necessary for the preservation of a free State, 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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 InX89li.jpg
 

 
 
 
 


#19 Rangerdeepv

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Posted 17 July 2019 - 02:49 PM

Made a donation to support this.................we have to get these ding-a-lings out of office in Springfield.



#20 skinnyb82

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Posted 17 July 2019 - 03:37 PM

We were just talking about this!
 
http://illinoiscarry...=2#entry1222368
 
It looks as if they are going with both the business chilling/unfair targeting and Second Amendment challenges, as well as the 14th amendment-esque angle that skinnyb82 referenced here:
 
http://illinoiscarry...=2#entry1222291
 
Am I interpreting this correctly? 

Sorta. This is state law. State constitution. Filed in Sangamon County. Count I, infringement on the state equivalent of 2A. Count II, infringement on the state equivalent of the 14A...or 5A, due process. Count III, violation of Illinois Administrative Procedures Act.

Count I, Ill. State Const. Article I, Sec 22, right to keep and bear arms

"35. The firearms dealer licensing requirements contained in 430 ILCS 68/5-1, et seq., which puts undue burdens on the ownership and operation of firearms retailers in the State of Illinois, and the rapid timing with which such requirements must be implemented, are arbitrary and unreasonable, and violate the named Plaintiffs’ right to sell, and their customers’ rights to purchases and possess, as well as ISRA’s members right to sell and purchase, firearms for self-defense as secured by Article I, Section 22 of the Illinois Constitution."

Count II, Due Process

Simply put, there is none. Full discretion given to ISP as to what is "adequate" insofar as storage, surveillance, what constitutes "[a] pattern of practice or other behavior which demonstrates incapacity or incompetency to practice under this Act." (ISP may fine $10k for that "offense" although it is not defined, so unfettered discretion given).

Count III, Illinois APA

Rules are a bleep show. There are none yet dealers are expected to comply. No input from dealers. Etc etc. In other words, rammed through with no consideration.

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#21 steveTA84

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Posted 17 July 2019 - 04:23 PM

^^^

It seriously sounds like a solid case

#22 skinnyb82

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Posted 17 July 2019 - 04:40 PM

It has the potential to be. That's assuming Sigale doesn't choke like he did when he argued Wilson in front of CA7. Sent from my VS987 using Tapatalk
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#23 domin8

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Posted 17 July 2019 - 10:36 PM

16 consecutive victories? What happened to Culp? Is that considered still ongoing? I'm still waiting to apply for my FCCL. Regardless, glad to see a lawsuit on this. I hope ISRA wins. Sent from my SM-N960U using Tapatalk
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#24 steveTA84

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Posted 17 July 2019 - 10:48 PM

16 consecutive victories? What happened to Culp? Is that considered still ongoing? I'm still waiting to apply for my FCCL. Regardless, glad to see a lawsuit on this. I hope ISRA wins.

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The ISRA is doing what we (members and gun owners) are asking them to do. They have been doing an outstanding job lately on multiple fronts.

#25 domin8

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Posted 17 July 2019 - 11:19 PM

That didn't answer my questions. Yes, they are doing a great job, and I recognized that. Sent from my SM-N960U using Tapatalk
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#26 MrSmallie

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Posted 18 July 2019 - 05:57 AM

The East St. Louis Housing Authority case was considered the 16th case.  That was in April.  Since the latest Culp "update" was late May, there is likely still action going to be taken.



#27 mauserme

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Posted 18 July 2019 - 06:06 AM

16 consecutive victories? What happened to Culp? Is that considered still ongoing? I'm still waiting to apply for my FCCL. Regardless, glad to see a lawsuit on this. I hope ISRA wins. Sent from my SM-N960U using Tapatalk


You recently posted in another topic that you're a resident of Virginia now. That being the case, Culp v Raoul won't apply to you.

Let's keep this topic about ISRA's challenge to dealer licensing. The Culp v Raoul topic is over here.

#28 Raw Power

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Posted 18 July 2019 - 06:43 AM

Saw this in my email. Made a donation. This is a step in the right direction.



#29 Kenny

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Posted 19 July 2019 - 08:09 AM

I think it is BS that they excluded Sparta from any of these regulations. The same way they exclude Sparta from the prohibition on selling ammo to out of state residents. It seems that if it hurts FFL's its fine but if Sparta has to suffer lets exempt them. That is Wrong!!


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#30 InterestedBystander

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Posted 19 July 2019 - 08:29 AM

As posted in the Sparta thread,

http://illinoiscarry...showtopic=72514

they already had exemptions, but the licensing bill messed it up by not including that and the other exemption bill restored that.
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