The legal wheels are grinding in Harrel v. Raoul, a case challenging Illinois’ ban on commonly owned semi-automatic firearms. The Firearms Policy Coalition (FPC) has filed proposed findings of fact and conclusions of law in a federal brief that explains why the ban is unconstitutional under the Second Amendment and Supreme Court precedent.
Filed on October 22, 2024, the FPC brief also explains why the ban under the Protect Illinois Communities Act (PICA) would be unconstitutional even if the Court applies a flawed test used by the Seventh Circuit.
“The record conclusively demonstrates that the firearms and feeding devices [Illinois] bans not only ‘are Arms that ordinary people would keep at home for purposes of self-defense,’ but are in fact ‘possessed for lawful purposes’ by millions of Americans,” argues the brief. “Because the firearms and feeding devices that PICA bans are “Arms” within the meaning of the Second Amendment, Defendants bear the burden to prove that PICA fits within the Nation’s historical tradition of firearm regulation. Defendants have not satisfied that burden.”
“Under binding Supreme Court precedent the firearms and magazines banned by Illinois are constitutionally protected, full stop. We will continue to fight forward and eliminate these bans throughout the United States,” said FPC President Brandon Combs.
Plaintiffs are the individual after whom the case is named, Dane Harrel, and also C4 Gun Store, LLC; Marengo Guns, Inc.; Illinois State Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation.
Defendants are a who’s who of legal officials, including Illinois Attorney General Kwamr Raoul, Illinois State Police Director Brendan Kelly, St. Clair County State’s Attorney James Gomric, Randolph County State’s Attorney Jeremy Walker, McHenry County State’s Attorney Patrick Kenneally, St. Clair County Sheriff Richard Watson, Randolph County Sheriff Jarrod Peters, and McHenry County Sheriff Robb Tadelman.
On January 10, 2023, Illinois Governor JB Pritzker signed into law Public Act 102- 1116, titled the Protect Illinois Communities Act (“PICA”).
PICA makes it “unlawful for any person within this State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge,” with some exceptions.
PICA defines “assault weapon” to encompass many different categories of firearms, including certain semiautomatic rifles, semiautomatic pistols, semiautomatic shotguns, and shotguns with revolving cylinders.
