11/12/2024
Statement on Harrel v. Raoul
By Executive Director Richard A Pearson
The ISRA and our partners in the Harrel v. Raoul had a great victory on Friday the 8th of November. I would like to thank the great work of our partners which includes the Second Amendment Foundation, Fi****ms Policy Coalition, Dane Harrel, Marengo Guns, and C4 Gun Store. A special thanks to ISRA attorney David Sigale.
From the very beginning the ISRA Harrel v. Raoul case was designed to win at every level which includes the Federal District Court, the Seventh Circuit Court, and the Supreme Court of the United States. We – along with the plaintiffs in the three other cases that were consolidated with ours - painstakingly assembled evidence which we presented in this case. Approximately 10,000 pages of evidence were presented in this case, plus witness testimony. The judge ruled the Protect Illinois Communities Act (PICA) and the registration scheme accompanying it unconstitutional. At the same time the judge issued a permanent injunction enjoining the state of Illinois from enforcing this act, but also issued a 30 day stay on the permanent injunction. The stay postpones the judgment’s effect in order to allow for the State of Illinois, which it has already done. This means the case is already at the Seventh Circuit, which likewise means the case will hopefully progress to the Supreme Court as rapidly as possible.
I believe we will win this lawsuit, and I also believe this lawsuit will have a ripple effect on other cases before various courts in Illinois and throughout the country. Judge McGlynn’s opinion is so well written and backed up by so much evidence that other courts and other judges will have to consider it. One of those cases would be the Anderson case which considers the Illinois ban on suppressors, and the Reece case which deals with “Liberty Week”, and other cases in various courts around the state. It will also add constraints on the Illinois Governor and the Illinois General Assembly which would make them consider legislation more carefully that might be unconstitutional.
What does this case mean to Illinois gun owners right now? First, during the stay of the injunction you can’t do anything at this time. Further, we believe the State will seek a similar stay from the Seventh Circuit pending appeal. Without an extension of the stay by the Seventh Circuit, on December 9th Illinois citizens will be able to purchase fi****ms covered by the PICA act, pickup fi****ms that were purchased during “Liberty Week”, and basically go on purchasing, owning, possessing fi****ms covered by the PICA act as they did before the act.
What do I expect the Seventh Circuit to do? In our quest for a temporary injunction which happened earlier this year, the Seventh Circuit overrode the temporary injunction issued by Judge McGlynn, which ended “Liberty Week”. That does not mean the Seventh Circuit will do the same thing this time. One reason that the temporary injunction was not upheld was the evidentiary hearing had not been heard. Courts seldom issue temporary injunctions without an evidentiary hearing. I believe the Seventh Circuit will make an effort to expedite the case. However, I would remind everyone that the courts make their own schedule and there is no law requiring them to do it within a certain amount of time. However, whatever the outcome of the case at the Seventh Circuit level (whether the case is only heard by a three Judge panel or subsequently heard by the full en banc Court), we believe the Harell v. Raoul case and accompanying cases will eventually be heard by the Supreme Court of the United States.
I believe our case will be heard by the Supreme Court of the United States, possibly with the Fourth Circuit Court of Appeals’ Bianchi v. Brown decision out of Maryland, which is now the subject of a Petition for Writ of Certiorari to the Supreme Court. Depending on how that case progresses we may find ourselves filing for Certiorari alongside the Bianchi case, or waiting to see what the Supreme Court does with it.
I would like to thank all of our ISRA members for all of their support. Bringing cases like Harell vs. Raoul would be impossible without our members. If you are not a member, please join.
