Barnett v. Raoul (3:23-cv-00209) (S.D. Ill. 2023) - NSSF Gun/Mag Ban

[TomKoz]

Guessing people will respond that a “stay” of the law was entered by the same judge that ruled the law unconstitutional.   How can that be?   How can That even be Constitutional?

 

So a District Judge rules a law unconstitutional, but say no problem keep enforcing the unconstitutional laws?   Well, at least until some higher court says you can’t - even though they may not get to it for years - if ever?

 

FUBAR

[EdDinIL]

On 1/27/2025 at 10:36 PM, TomKoz said:

Is it not Supreme Court of the US precedent that Unconstitutional laws do NOT need to be followed??  

 

Tell that to all the online vendors that won't ship scary parts like springs, pins, and grips to Illinois.  

 

On 1/27/2025 at 10:36 PM, TomKoz said:

Could this be WHY we have yet to see a case where PICA law was enforced or prosecuted ?

 

I know people have said that some FFLs are treating this as business as usual.  Have any FFLs gotten warnings or had their IL dealer licenses yanked for that? 

[yurimodin]

On 1/27/2025 at 5:26 PM, Euler said:

There are no time limits.

That's the biggest problem......I guess they all want to chicken out and make each individual citizen roll the dice and then go for "as applied" rulings for themselves. It's a right but only if you have a mountain of cash to feed the BAR Mafia.

[Upholder]

This is the same dynamic that happened after Brown v Board of Education.   It took a full ten years after that decision was handed down before it was fully enforced up and down the court system.  Courts stalled, states and towns did things like shutting down the public school system entirely to avoid forced integration.

 

We're starting year 3 of the fallout of NYSRPA v Bruen.  It's likely that we have at least another 3-5 years to go before the courts really get the message.

 

In the meantime, they'll continue to play games and stall.  They are fully aware that they cannot win, so they have no other option to push their agenda for as long as they can.

[yurimodin]

On 1/29/2025 at 10:39 AM, Upholder said:

This is the same dynamic that happened after Brown v Board of Education.   It took a full ten years after that decision was handed down before it was fully enforced up and down the court system.  Courts stalled, states and towns did things like shutting down the public school system entirely to avoid forced integration.

 

We're starting year 3 of the fallout of NYSRPA v Bruen.  It's likely that we have at least another 3-5 years to go before the courts really get the message.

 

In the meantime, they'll continue to play games and stall.  They are fully aware that they cannot win, so they have no other option to push their agenda for as long as they can.

Sooooooo I guess I just do what I want until then.....

[ragsbo]

On 1/30/2025 at 9:50 AM, yurimodin said:

Sooooooo I guess I just do what I want until then.....

a wise old man use to say " just do what you gotta do, then SHUT UP about it! No one needs to know nothing! "

[EdDinIL]

On 1/29/2025 at 10:39 AM, Upholder said:

This is the same dynamic that happened after Brown v Board of Education. 

 

My opinion: it's not the same dynamic.  

 

Brown v Board of Education was a 9-0 unanimous decision.  Bruen was a 6-3 split, arguably along party lines, even though that isn't supposed to be a thing at SCOTUS. 

 

I don't know if there was talk about packing SCOTUS to undo Brown, but if there was that would have been a huge obstacle with the 9-0 decision.  Today's Democrat wish list includes gaining a majority in Congress to alter SCOTUS and pack it full of liberal justices to undo all the 2A gains as well as the recent reversal of Roe v Wade.

 

Google isn't clear what mainstream media was saying about Brown, but my impression is that the MSM reaction mirrored the public's reaction: a mixed bag of mostly cheers and some disgust.  Today's MSM spits on anything pro-2A.  I don't see CNN, MSNBC, and the networks changing their tune any time soon. 

[EdDinIL]

I assume nothing has happened with this.  Do you need a login at the 7th Circuit site to see the docket or is that available publicly, meaning without a login, somewhere?

[2A4Cook]

On 1/29/2025 at 10:07 AM, yurimodin said:

That's the biggest problem......I guess they all want to chicken out and make each individual citizen roll the dice and then go for "as applied" rulings for themselves. It's a right but only if you have a mountain of cash to feed the BAR Mafia.

Browning Automatic Rifles have a mafia?

[Euler]

On February 14, 2025 at 02:10 PM CST, EdDinIL said:→

I assume nothing has happened with this. Do you need a login at the 7th Circuit site to see the docket or is that available publicly, meaning without a login, somewhere?

Nothing has happened in the case since the appellate court vacated the district injunction. The docket is available on CourtListener for free. I copy updates from PACER to there if no one else gets to it first.

On November 15, 2024 at 08:38 PM CST, Euler said:→

On November 12, the 7th Circuit docketed the constituent appeals.

On November 15, the court consolidated the appeals into Barnett and suspended briefing due to a deficient district judgment (granting no relief), similar to what it did for Schoenthal previously. (consolidated docket)

[yurimodin]

On 2/14/2025 at 4:49 PM, 2A4Cook said:

Browning Automatic Rifles have a mafia?

BAR Association........every case has at least 3. Defense, Prosecutor, and the Judge. Its a giant racket to milk ppl on every single dispute.

[JTHunter]

On 2/16/2025 at 6:31 PM, yurimodin said:

BAR Association........every case has at least 3. Defense, Prosecutor, and the Judge. Its a giant racket to milk ppl on every single dispute.

 

[davel501]

[Dumak_from_arfcom]

On 3/3/2025 at 10:05 PM, davel501 said:

 

I thought there was a mandate to move this case quickly?

[Vodoun da Vinci]

Too late to "move it quickly" now. Way too late...It's already been way too long. I'm in self direct mode adhering to the letter of The Law until it gets sorted out. I took the oath to defend the Constitution against all enemies, foreign and domestic and my oath supersedes any and all politics and attempts to "wear me down" or frustrate me.

 

I'm chillin'. When you see me running, try to keep up.  

 

VooDoo

[EdDinIL]

On 3/10/2025 at 6:17 PM, Dumak_from_arfcom said:

I thought there was a mandate to move this case quickly?

From who, Judge McGlynn?  It's out of his hands now, and the fine folks at 7CA are not motivated to do anything with it.  The positive spin would be that I assume at this point they're waiting for SCOTUS to do something with the Snope and Ocean State cases.  The negative spin would be that 7CA is sitting on it intentionally because of their anti-gun tendencies.

[davel501]

On 3/11/2025 at 9:10 AM, EdDinIL said:

From who, Judge McGlynn?  It's out of his hands now, and the fine folks at 7CA are not motivated to do anything with it.  The positive spin would be that I assume at this point they're waiting for SCOTUS to do something with the Snope and Ocean State cases.  The negative spin would be that 7CA is sitting on it intentionally because of their anti-gun tendencies.

 

Clarence Thomas. 

[Molly B.]

Waiting on a briefing schedule in U.S. 7th circuit court of appeals. 

 

[EdDinIL]

On 3/18/2025 at 10:10 PM, Molly B. said:

Waiting on a briefing schedule in U.S. 7th circuit court of appeals. 

 

Are we waiting generally speaking, or are you implying there's an updated schedule coming shortly?

[Molly B.]

I only know the attorneys are waiting for the court to set the briefing schedule.

[EdDinIL]

Plaintiff's attorneys:  Unable to do anything about it

 

State's attorneys: Not wanting to do anything about it

 

7CA judges / SCOTUS:  Unwilling to do anything about it

 

Thanks, Molly.