Felon-in-possession case dismissed as unconstitutional

[Euler]

ABC 7 News said:→

A Chicago judge recently ruled, in the case of a felon convicted multiple times, that the statute barring felons from possessing handguns is unconstitutional.

The federal case was thrown out by U.S. District Judge Robert Gettleman earlier this month. The felon was facing a mandatory minimum 15 year sentence if convicted of being in possession of a firearm.

Bill Kushner, ABC7's police affairs consultant, called the ruling a letdown and said it ignores a decades-long practice.
...
The judge's ruling cites the U.S. Supreme Court's ruling in New York State Rifle & Pistol Association, Inc. vs. Bruen. In his ruling, Gettleman said Bruen requires courts to inquire as to whether a statue "imposes a 'comparable burden' on the right to bear arms as define by the Second Amendment, as well as a "distinctly similar" or "relevantly similar" historical analogue from the founding era.

The judge concluded the law "imposes a far greater burden on the right to keep and bear arms than the historical categorical exclusions from the people's Second Amendment right. The government has not demonstrated why the modern ubiquity of gun violence, and the heightened lethality of today's firearm technology compared to the Founding, justify a different result."
...
"I'm opposed to criminals who have been charged with violent crimes and convicted of those violent crimes from getting a handgun or an FOID card or concealed carry permit of any kind," said Richard Pearson, executive director of ISRA.
...

I believe that case is US v Freeman. On November 7, the judge granted a motion to reconsider the indictment, laying out his reasons why in the opinion. On November 8, the judge ordered the case dismissed, referring to the opinion on the motion.

The US Attorney appealed to the 7th Circuit Court on November 9, which assigned it case number 23-3186 on November 14.

The district order only applies to Freeman. The judge has not ruled 18 USC 922(g)(1) unconstitutional on its face. CA7 might have an opportunity to do that.

I've posted this item in the news forum rather than the Judicial forum, because I'm not convinced the case has legs, but it is interesting news.

[Molly B.]

Looks like the firearm, "with an auto sear and Glock switch", was also a prohibited firearm in IL?

[Molly B.]

Interesting decision from Judge Gettleman.

Freeman_Judge_Gettleman_ruling.pdf

[Euler]

On December 12, DOJ filed a motion to stay this case pending a decision in 23-3155 US v Prince, another felon-in-possession case (which I have not read). If the DOJ gets its way, that case will be the one to watch.

[Euler]

On December 14, the appeals court granted the motion to stay this case pending US v Prince.