Harrel et al v. Raoul et al
Consolidated
Lead case: 3:23-cv-00209
Lead case: 3:23-cv-00209
| Illinois Southern District Court | |
| Judge: | Stephen P Mcglynn |
| Case #: | 3:23-cv-00141 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jan 17, 2023 |
| Terminated: | Nov 08, 2024 |
| Case in other court: | USCA7, 23-01826 |
| Last checked: Sunday Jul 16, 2023 5:45 AM CDT |
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Defendant
James Gomric
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Defendant
Brendan F. Kelly
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Defendant
Patrick D. Kenneally
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Defendant
Jarrod Peters
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Defendant
Kwame Raoul
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Defendant
Robb Tadelman
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Defendant
Jeremy Walker
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Defendant
Richard Watson
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Plaintiff
C4 Gun Store, LLC
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Plaintiff
Firearms Policy Coalition, Inc.
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Plaintiff
Dane Harrel
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Plaintiff
Illinois State Rifle Association
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Plaintiff
Marengo Guns, Inc.
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Plaintiff
Second Amendment Foundation
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GPO
Apr 28 2023
applies in these consolidated cases, the corresponding Motions for Preliminary Injunction are also be GRANTED. Signed by Judge Stephen P. McGlynn on 4/28/2023. (jce) Modified on 4/28/2023 (mar).STRICKEN AT DOC. 44 - ORDER granting 16 Motion for Preliminary Injunction. Although the Order specifically identifies the plaintiffs in the lead case of Barnett, et al. v. Raoul, et al., 23-cv-209-SPM, the caption also references the consolidated cases, i.e., Harrel, et al. v. Raoul, et al., 23-cv-141-SPM; Langley, et al. v. Kelly, et al., 23-cv-192-SPM; and, Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 23-cv-215-SPM. Because the same analysis |
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GPO
Apr 28 2023
ORDER granting 16 Motion for Preliminary Injunction. Although the Order specifically identifies the plaintiffs in the lead case of Barnett, et al. v. Raoul, et al., 23-cv-209-SPM, the caption also references the consolidated cases, i.e., Harrel, et al. v. Raoul, et al., 23-cv-141-SPM; Langley, et al. v. Kelly, et al., 23-cv-192-SPM; and, Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 23-cv-215-SPM. Because the same analysis applies in these consolidated cases, the corresponding Motions for Preliminary Injunction are also be GRANTED. Signed by Judge Stephen P. McGlynn on 4/28/2023. (jce) |
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GPO
Nov 08 2024
FINDINGS OF FACT AND CONCLUSIONS OF LAW following bench trial. The Court finds in favor of the Plaintiffs and against the Defendants in these consolidated cases. The Court holds that the challenged provisions of the Protect Illinois Communities Act are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs' request for a permanent injunction is GRANTED. The State of Illinois is hereby ENJOINED from the enforcement of PICA's criminal penalties in accordance with 720 Ill. Comp. Stat. §§ 5/24-1(a)(14)(16) (bump stocks and assault weapons); 5/24-1.9(a)(h) (assault weapons and attachments); and 5/24-1.10(a)(h) (large-capacity magazines) against all Illinois citizens, effective immediately. The State of Illinois is also ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 Ill. Comp. Stat. 65/4.1. This permanent injunction is STAYED for thirty (30) days. Additionally, the Government's Motion for Partial Summary Judgment on the Langley Plaintiffs' Counts IV and VI (Doc. 220) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of the Plaintiffs. Signed by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM (trf) |
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GPO
Nov 08 2024
CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
| 1. | Gun shop owner files federal lawsuit over state's weapons ban (dailyherald.com) |
| Submitted Wed 01/18/2023 | |
| Docket last updated: 3 hours ago |
| Wednesday, November 13, 2024 | ||
| 59 | 59
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appeal
USCA Case Number
Wed 11/13 3:18 PM
USCA Case Number 24-3061 for56 Notice of Appeal filed by Kwame Raoul, Brendan F. Kelly..(jle) |
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Att: 1
2 pgs
Notice of Case Opening
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| Tuesday, November 12, 2024 | ||
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appeal
Rule 10 Letter
Tue 11/12 8:56 AM
Rule 10 Letter (jdc) |
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appeal
Transmission of Short Record to USCA
Tue 11/12 8:55 AM
Transmission of Short Record to US Court of Appeals re56 Notice of Appeal (jdc) |
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| Friday, November 08, 2024 | ||
| 56 | 56
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pgs
appeal
Notice of Appeal
Fri 11/08 5:12 PM
NOTICE OF APPEAL as to54 Findings of Fact & Conclusions of Law,,,,,,, Terminate Motions,,,,,,55 Clerk's Judgment by Kwame Raoul, Brendan F. Kelly. Filing fee $ 605, receipt number AILSDC-5524799. (Wells, Christopher) |
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order
Judgment - Clerk
Fri 11/08 2:19 PM
CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
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order
Findings of Fact & Conclusions of Law ~Util - Terminate Motions
Fri 11/08 2:16 PM
FINDINGS OF FACT AND CONCLUSIONS OF LAW following bench trial. The Court finds in favor of the Plaintiffs and against the Defendants in these consolidated cases. The Court holds that the challenged provisions of the Protect Illinois Communities Act are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs' request for a permanent injunction is GRANTED . The State of Illinois is hereby ENJOINED from the enforcement of PICA's criminal penalties in accordance with 720 Ill. Comp. Stat. §§ 5/24-1(a)(14)(16) (bump stocks and assault weapons); 5/24-1.9(a)(h) (assault weapons and attachments); and 5/24-1.10(a)(h) (large-capacity magazines) against all Illinois citizens, effective immediately. The State of Illinois is also ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 Ill. Comp. Stat. 65/4.1. This permanent injunction is STAYED for thirty (30) days . Additionally, the Government's Motion for Partial Summary Judgment on the Langley Plaintiffs' Counts IV and VI (Doc. 220) is GRANTED . The Clerk of Court is DIRECTED to enter judgment in favor of the Plaintiffs. Signed by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM (trf) |
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