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ISP look to consolidate federal gun ban challenges


Molly B.

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https://www.thecentersquare.com/illinois/breaking-illinois-state-police-look-to-consolidate-federal-gun-ban-challenges/article_902b0968-9daa-11ed-8adf-577e5b513413.html


 

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(The Center Square) – Illinois State Police are looking to consolidate several federal cases challenging Illinois' gun ban into one.

The Crawford County state-level case filed earlier this month was the first case to be filed in state court after Gov. J.B. Pritzker enacted the ban on more than 170 semi-automatic guns and magazines over a certain capacity. The measure also requires gun owners to register the banned guns they own with Illinois State Police no later than Jan. 1, 2024.

Langley et al v. Kelly et al. alleges the law violates the Second, Fifth and 14th amendments to the U.S. Constitution. That’s the right to keep and bear arms, the right to not incriminate yourself which plaintiffs attorney says is done by requiring registration of guns the government defines as banned “assault weapons,” and the right to equal protection under the law.

 
 

Since the Crawford County case was filed, there have been two other state-level cases filed and at least three other federal cases filed challenging the ban.

Earlier this week, the Crawford County state-level case was moved from state court to the Illinois southern district federal court. The case is now in the hands of Chief Judge Nancy Rosentengel of the U.S. Southern District of Illinois, an appointee of former President Barack Obama.

 

Thursday, Illinois State Police motioned to consolidate Langley et al v. Kelly et al. with three other cases filed in federal court: Illinois State Rifle Association's case Harrel, et al. v. Raoul, et al.; Illinois Gun Rights Alliance’s Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al; and the National Shooting Sports Foundation’s Barnett, et al. v. Raoul, et al.

The ISP motion says similar cases are typically combined into lower-numbered cases, which ISP says is the Langley case that was filed Jan. 1, 2023.

 

"Consolidating the cases will prevent unnecessary duplication of litigation in four different cases, promoting judicial economy. And as each case is at the initial stages of litigation, no party will be prejudiced by the consolidation," ISP's motion says. . . .

 

 

 

 

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On 1/26/2023 at 8:17 PM, G214me said:

Bad idea all around, Brandon Kelly is hoping to get all cases dismissed or knocked down in one move by an Odumbo stooge judge.

 

If that's the case, they can hope all they want. This isn't going away.

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On 1/26/2023 at 8:44 PM, Euler said:

Even if the new district court judge denies a TRO or preliminary injunction, even those can be appealed to CA7 before the district court case is resolved. It's probably not too wise to paint yourself into a corner, hoping for an injunction. There could be some pain before this whole thing is over.

Yeah I’m annoyed and frustrated by what happened today but.. let’s be real. This is going up on appeal regardless of the district court outcome. We will get the opportunity for a broader panel ruling on this.

 

And hey who knows.. some liberal judges have been faithfully applying Bruen. One can hope for that here.

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Pigster lies into the microphone with his horse**** about the bill being well planned and constitutional and says it will pass court scrutiny while his stooge Brandon Kelly tries to pull stunts like this behind the scenes. They both know this is garbage and will fail in the end. I think Pigster honestly thought he could pull a fast one and the zombie majority in this state would clop along like the cattle they are. He so full of himself and thinks he's better and smarter than everyone else. Half the fun of our upcoming win(s) will be watching him look like a fool in front of everyone.

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On 1/26/2023 at 9:41 PM, G214me said:

Pigster lies into the microphone with his horse**** about the bill being well planned and constitutional and says it will pass court scrutiny while his stooge Brandon Kelly tries to pull stunts like this behind the scenes. They both know this is garbage and will fail in the end. I think Pigster honestly thought he could pull a fast one and the zombie majority in this state would clop along like the cattle they are. He so full of himself and thinks he's better and smarter than everyone else. Half the fun of our upcoming win(s) will be watching him look like a fool in front of everyone.

Don't you know Pigster is a Constitutional lawyer too. Doubt that pathological liar has even read it and shows complete disregard for the Constitution and people's rights. He is a hypocrite and wants people defenseless and under his thumb while he has military weapons and museums and builds private shooting ranges and sets the criminals free and calls our rifles which are made for civilians weapons of mass destruction and machine guns but lets the criminals buy machine guns on Google (switches). Typical sociopath, do as I say not as I do. I hope you're right, he thinks he can rig everything and always get his way.

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"Consolidating the cases will prevent unnecessary duplication of litigation in four different cases, promoting judicial economy. And as each case is at the initial stages of litigation, no party will be prejudiced by the consolidation,"

 

Conveniently leaving out the fact that Obama judges have zero respect for the Constitution or a SCOTUS not controlled by the left, and are essentially political activists masquerading as "judges."  Funny how they delighted in throwing Roe vs. Wade in your face constantly, though ...

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Not exaggerating, everything I wrote is true. Just googled switches again, strangely the results have been moved to page two of google from the first page previously. The state of Illinois used to threaten retailers not to ship ammunition to Chicago to law abiding people for lawful purposes, how come switches are still being allowed to be sold openly for $150? More proof that it doesn't have anything to do with safety but advances an agenda. Rifles are almost never used to commit crimes and according to statistics only 455 people a year in the whole country are killed by rifles, less than hands and feet so not an epidemic which is propaganda.

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My guess, is none of these moves take the various legal teams by surprise. Just listening to Todd in his videos and reading articles, I would say that this was not unexpected move by the State and that the pro-2nd teams are prepared for the long haul even though us commoners would like to have seen this done and over with last week. 

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On 1/26/2023 at 9:01 PM, Matt B said:

Yeah I’m annoyed and frustrated by what happened today but.. let’s be real. This is going up on appeal regardless of the district court outcome. We will get the opportunity for a broader panel ruling on this.

 

And hey who knows.. some liberal judges have been faithfully applying Bruen. One can hope for that here.

Yep, that’s true.  Liberal judges, the ones that are truly liberal (you know, the true meaning of “liberal”, which is enhancing the rights we have), are not the problem. Wacko statist judges that are oppressive and toe-the-line with the DNC are 

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The biggest reason there were separate lawsuits was the Federal limit on briefing length. I see this as a good thing because they get everything in and they are now working from the same page so somebody like the ISRA doesn't go and screw everything up. I'm sure the dems are hoping for infighting but if that can be avoided the dems will lose badly. They are basically choosing to assemble the Avengers and fight them all at once.

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On 1/27/2023 at 11:30 AM, davel501 said:

The biggest reason there were separate lawsuits was the Federal limit on briefing length. I see this as a good thing because they get everything in and they are now working from the same page so somebody like the ISRA doesn't go and screw everything up. I'm sure the dems are hoping for infighting but if that can be avoided the dems will lose badly. They are basically choosing to assemble the Avengers and fight them all at once.

I hope your thinking is correct. Everything coming from Pritzger and the Elites lately is enough to make me vomit. 

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On 1/27/2023 at 10:59 AM, Felixd said:

I hate showing how naive I am, but does ISP have the ability to request anything in this matter? I would have presumed that AG represents the state in legal matters and not the police. 

 

I'm not sure the point of the question, but both the AG and the ISP are sued because they enforce the law that plaintiffs seek to enjoin.

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