We've file our motion for preliminary injunction to stop Illinois's "assault weapon" registration requirement on behalf of Federal Firearms Licensees of Illinois, @GSL_IL , @GunOwners, @GunFoundation, @piasaarmory, and individual plaintiffs.— Kostas Moros (@MorosKostas) November 14, 2023
You can read it here:… pic.twitter.com/6HKagKIK0E
In a recent legal filing, plaintiffs led by the Federal Firearms Licensees of Illinois (FFL-IL), including Caleb Barnett and others, have launched a significant challenge against the State of Illinois, represented by defendants including Kwame Raoul and Governor J.B. Pritzker.
The lawsuit, filed in the United States District Court for the Southern District of Illinois, contests the constitutionality of the state’s firearm registration requirements under 720 ILCS 5/24-1.9 et seq.
The crux of the dispute revolves around Illinois law, which has designated numerous firearms and related parts as “assault weapons.” The law requires these items to be registered by January 1, 2024.
This registration process mandates owners to submit an affidavit, providing extensive details about the firearms, including make, model, caliber, and serial number, among other things
The plaintiffs argue that the registration scheme violates constitutional rights on several grounds.
Firstly, they claim that the law fails to provide sufficient notice to firearm owners, a violation of the Due Process Clause. The lawsuit emphasizes that the State’s method of online announcements as the sole means of public notice is inadequate and unreasonable, especially considering the serious criminal consequences of non-compliance
Secondly, the lawsuit raises concerns about the law’s vagueness. Many terms crucial for identifying which firearms or parts must be registered are allegedly not clearly defined, leaving gun owners uncertain about compliance requirements and potentially vulnerable to unintentional legal violations
The third and perhaps most pivotal argument is that the registration scheme violates the Second Amendment.
Plaintiffs reference the Supreme Court’s ruling in N.Y. State Rifle & Pistol Ass’n v. Bruen, which clarified that any regulation must be consistent with the nation’s historical tradition of firearm regulation. The plaintiffs argue that Illinois’s registration requirements lack a historical precedent, especially when considering the founding-era context of the Second Amendment
The case, which is still pending before the court, is being closely watched by legal experts and gun rights advocates nationwide.
It represents a significant challenge to state-level firearm regulations and could have far-reaching implications for the interpretation and application of the Second Amendment in the United States.
As always, stay tuned for updates.
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