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« Online seminar at the 9th Circuit | Main | My silence »

A good decision from the Southern District of Illinois

Posted by David Hardy · 8 November 2024 08:35 PM

Barnett v. Raoul, S. D. Ill. The beginning is unusual, and the end is wonderful:

"Most importantly, considering all of the evidence presented, the Court holds that the provisions of PICA criminalizing the knowing possession of specific semiautomatic rifles, shotguns, magazines, and attachments 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. ยงยง 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. As the prohibition of firearms is unconstitutional, so is the registration scheme for assault weapons, attachments, and large-capacity magazines. Therefore, the State of Illinois is 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...."

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