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List of Lawsuits Challenging Illinois Gun/Mag/Parts Ban


Molly B.

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Illinois Federal Lawsuits:

 

IL - U.S. 7th Circuit Court of Appeals - Barnett v Raoul - National Shooting Sports Foundation - challenging Gun/Mag ban. MOTION for Extension of Time granted, deadline for defendants to file a response is March 2, 2023. Harrel, FFL of IL, Langley, consolidated with Barnett as leading case. Oral Arguments April 12th. 4-28-2023: Judge McGlynn issued statewide preliminary injunction.    State appeals injunction and also filed motion for stay on the injunction in U.S. 7th Circuit Court of Appeals - Nov. 3, 2023- U.S. 7th Circuit reverses preliminary injunction, .Judge Easterbrook grants stay of the injunction. Nov. 17, 2023 appeal filed for en banc hearing. Dec. 11, 2023, 7th Circuit denies en banc hearing. Dec. 14, 2023 Judge McGlynn denies motion for summary judgement in separate vagueness motion. Currently waiting for Judge McGlynn's ruling on question of registration.  Currently waiting for 7th Circuit's mandate to issue.  Judge McGlynn will then schedule oral arguments on the merits of the case after the first of the year.

 

IL - U.S. District Court, N.D. Illinois  - Kenneally v. Raoul - McHenry Co. State's Attorney - challenge of gun/mag ban. Moved to federal court 1/27/2023. Motion for summary judgement filed by the state 03/03/2023.The plaintiff's response on the position of jurisdiction standing shall be filed by 5/1/2023. The defendants' reply shall be filed by 5/16/2023.


IL - U.S. 7th Circuit Court of AppealsBevis v. City of Naperville - National Assoc. of Gun Rights - Motion hearing held on 1/27/2023. Oral argument heard regarding Motion for Temporary Restraining. Plaintiffs added challenge the constitutionality of the "Protect Illinois Communities Act," HB5471. TRO denied by Judge Kendall, 2/17/2023. Appeal filed in U.S. 7th Appellate Court 3/7/2023. Case joined with Barnett v Raoul - oral arguments set for June 29, 2023. Nov. 3, 2023- U.S. 7th Circuit reverses preliminary injunction.

 

U.S. District Court, E.D, - Herrera v Raoul - Mr. Herrera files suit for himself, challenging the Gun/Mag ban. He is a doctor who also serves as a medic on a Chicagoland SWAT team.  The virtual hearing on Plaintiff's motion for a temporary restraining order and preliminary injunction  reset to April 17, 2023 at 10 am.Motion hearing held. Motion for TRO and preliminary injunction 4 is taken under advisement. Mailed notice. (jlj, ) (Entered: 04/17/2023). Motion for a temporary restraining order and for a preliminary injunction 4 is denied 4-25-2023.

 

 IL - U.S. 7th Circuit Court of Appeals  Bevis v. City of Naperville - National Assoc. of Gun Rights - Motion hearing held on 1/27/2023. Oral argument heard regarding Motion for Temporary Restraining. Plaintiffs added challenge the constitutionality of the "Protect Illinois Communities Act," HB5471. TRO denied by Judge Kendall, 2/17/2023. Appeal filed in U.S. 7th Appellate Court 3/7/2023. Case joined with Barnett v Raoul - oral arguments set for June 29, 2023.

 

IL State Lawsuits:

IL - Illinois Supreme Court - Accuracy Firearms, et al v Pritzker - Devore #1 allows temporary hold on state gun ban to stay in place for plaintiffs in lawsuit. 1/31/2023  Status hearing set for 02/22/2023 at 1:00 in courtroom D. Illinois Supreme Court issues order to consolidate Devore case 1, 2, and 3 into one case. Defendant's Motion to Stay Proceedings, and Defendant's Motion to Dismiss set 3/21/23 10AM..  , Motion to Stay Denied. Arguments heard on IL Sheriff Association and IL Association of Chiefs of Police Motion to Quash Subpoena. Motions to Quash granted on procedural grounds. Plaintiff granted lee amended subpoenas. Substantive objections reserved and will be argued with discovery objections by Defendants on 5/4/23 1:00 PM via Zoom 358 873ave to serv 0849. 8/16/2023.Effingham County Court dismissed case in light of IL Supreme Court ruling in Caulkins case.

 

IL Supreme Court -  Caulkins v Pritzker - Rep. Dan Caulkins  - gun/mag ban challenge. TRO granted. 2/8/2023. State filed appeal to Illinois Supreme Court 3/3/2023. Motion for recusal of two judges denied. Oral argument will be scheduled for Tuesday, May 16, 2023 - 9:00 A: - Livestream link: https://livestream.com/blueroomstream/events/10839019. 8/11/2023 IL Supreme Court ruled against plaintiffs. . 12/13/2023, U.S. Supreme Court Justice Amy Barrett denies application for preliminary injunction.






These cases, concerning the petition for preliminary injunction are consolidated into other cases - week of 2/24/2023 -
IL - U.S. District Court, S.D., IL - Harrel v Raoul - consolidated with Barnett. Second Amendment Foundation - challenges Gun/Mag ban. ORDER granting MOTION for Extension of Time -  MOTION for Preliminary Injunction is due on or before March 1, 2023. Status conference scheduled for Friday, Feb 24 at 10am

IL - U.S. District Court S.D ,IL - FFL of IL v Pritzker - consolidated with Barnett. FFL of IL - challenging Gun/Parts ban. Motion for preliminary injunction filed 2/6/2023. Feb 16, 2023 - ORDER denying 31 MOTION for Extension of Time.

IL - U.S. District Court S.D ,IL - Langley v Kelly - consolidated with Barnett. Thomas Maag - MOTION for Extension of Time GRANTED. deadline for Motion for Preliminary Injunction extended to February 28, 2023. Summary Judgement hearing on the Vagueness question brought by Maag in this case set for October 11, 2023. January 2, the judge denied the motion for summary judgment and ordered the defendants to respond by January 19. (In other words, the 5th Amendment issue is still alive. It's just not an automatic win.) judge also agreed to reschedule the status meeting. The status meeting is now scheduled for January 12.

IL - 2nd Circuit Court District - Bailey v Pritzker - Devore #2 - Bailey, Niemerg, Wilhour et al gun/mag ban challenge.consolidated with Accuracy Firearms. TRO granted. 2/2/2023. Illinois Supreme Court issues order to combing Devore case 1, 2, and 3 into one case
IL - 4th Circuit Court District - Devore #3 - consolidated with Accuracy Firearms. TRO granted - Attorney Tom Devore files motion to combine his 3 cases and Rep. Caulkins into one case. 2/14/2023. Denied. Illinois Supreme Court issues order to combining Devore case 1, 2, and 3 into one case. IL Supreme Court dismissed Devore challenge in light of the ruling in the Caulkins case. Waiting to see if Devore appeals.

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  • Molly B. changed the title to List of Lawsuits Challenging Illinois Gun/Mag/Parts Ban
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On 2/16/2023 at 2:30 PM, Jeffrey said:

I am eager to see the "examples" they trot out.  Having decades worth of time to put this list together I can fully understand why the judge wouldn't think they'd need even more time.

 

Surely the people that wrote this carefully considered law for the state have not only a list, but also the "illustrative examples of each and every item banned" that Judge McGlynn has ordered them to produce.

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On 2/16/2023 at 2:51 PM, springfield shooter said:

 

Surely the people that wrote this carefully considered law for the state have not only a list, but also the "illustrative examples of each and every item banned" that Judge McGlynn has ordered them to produce.

Without the purple you make a point.  Who from that side will be able to produce all these items, legally?  Will they have a shopping spree at PSA?  Only to later be told they can't legally ship them?  What about something like a Glock 17 from another thread I just read.  The FFL isn't moving it for a member here because it is capable of holding more than 15.  Will the defendants plan to bring that to court?  Who owns it?  I most look forward to them describing springs from a lower AR receiver.

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On 2/16/2023 at 4:09 PM, Jeffrey said:

...  Who from that side will be able to produce all these items, legally?  Will they have a shopping spree at PSA?  Only to later be told they can't legally ship them?  ...

 

They won't be bringing firearms themselves to court. Pictures will suffice. Not only is it easier to get pictures through a security checkpoint, but it's easier to make copies for everyone.

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On 2/16/2023 at 3:22 PM, Euler said:

 

They won't be bringing firearms themselves to court. Pictures will suffice. Not only is it easier to get pictures through a security checkpoint, but it's easier to make copies for everyone.

 

Imagining them dropping what amounts a ream of paper on the table and the expression on the judges face. That'll get you through the day.

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On 2/16/2023 at 3:22 PM, Euler said:

 

They won't be bringing firearms themselves to court. Pictures will suffice. Not only is it easier to get pictures through a security checkpoint, but it's easier to make copies for everyone.

I'm sure they're securing every image they find related to anything guns.  I guess I was hoping for another moment like when a NYC news caster had a 30 round magazine on live TV even though it was illegal for him to have where he was.

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On 2/16/2023 at 5:02 PM, solareclipse2 said:

 

Imagining them dropping what amounts a ream of paper on the table and the expression on the judges face. That'll get you through the day.

I see two paths forward for the state:

 

The first is to do just that, which I suspect they won't because of the time involved, as well as how bad it would make them look in court. It would be an effective admission that the ban is overbroad.

 

The second is to present images of "evil scary AR's" as their "inclusive" list and hope the judge buys it, which I suspect he won't based on the nature of his original request. To me, his request sounds deliberate.

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On 2/17/2023 at 6:50 PM, Molly B. said:

TRO denied in Beavis v Plainfield.

Unfortunate, but the really important case is still Harrel.

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Virginia Mary Kendall (born January 25, 1962) is an American attorney and jurist serving as a United States district judge of the United States District Court for the Northern District of Illinois. President George W. Bush appointed her to the bench on January 3, 2006. In addition to serving on the bench, Judge Kendall is also a noted expert on child exploitation and human trafficking, as well as an adjunct law professor and author.

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On 2/18/2023 at 10:30 AM, Sweeper13 said:

Virginia Mary Kendall (born January 25, 1962) is an American attorney and jurist serving as a United States district judge of the United States District Court for the Northern District of Illinois. President George W. Bush appointed her to the bench on January 3, 2006. In addition to serving on the bench, Judge Kendall is also a noted expert on child exploitation and human trafficking, as well as an adjunct law professor and author.

At the time she was appointed, Republicans controlled the Senate.

 

Thanks for nothing, George.

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