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Prairie State Wire

Wednesday, November 13, 2024

Court declares Protect Illinois Communities Act unconstitutional

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Richard A. Pearson, Executive Director | ISRA website

Richard A. Pearson, Executive Director | ISRA website

The Illinois State Rifle Association (ISRA) and its partners celebrated a significant legal victory in the Harrel v. Raoul case on November 8th. The Executive Director expressed gratitude to the Second Amendment Foundation, Firearms Policy Coalition, Dane Harrel, Marengo Guns, C4 Gun Store, and ISRA attorney David Sigale for their contributions.

The case aimed to challenge the Protect Illinois Communities Act (PICA) and its registration scheme. A judge declared these unconstitutional and issued a permanent injunction against their enforcement in Illinois. However, a 30-day stay was placed on this injunction to allow time for an appeal by the state.

"We – along with the plaintiffs in the three other cases that were consolidated with ours – painstakingly assembled evidence which we presented in this case," stated the Executive Director. Approximately 10,000 pages of evidence were submitted along with witness testimonies.

The decision has moved to the Seventh Circuit Court of Appeals, with potential progression to the Supreme Court anticipated. The Executive Director believes that "this lawsuit will have a ripple effect on other cases before various courts in Illinois and throughout the country."

During the stay period, Illinois gun owners are advised not to take any action regarding firearms covered by PICA. It is expected that if no extension of the stay is granted by December 9th, citizens may resume purchasing and possessing such firearms as before.

Reflecting on previous interactions with the Seventh Circuit regarding temporary injunctions, there is optimism about expedited proceedings this time around. The expectation is that ultimately, "the Harell v. Raoul case and accompanying cases will eventually be heard by the Supreme Court of the United States."

The Executive Director acknowledged ISRA members' support as crucial for pursuing such legal actions and encouraged others to join or donate via their website.

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