Harrel v. Raoul - FPC Challenge to Illinois "Assault Weapon" and Magazine Bans

Summary: Federal lawsuit challenging Illinois "assault weapon" and magazine bans

Plaintiffs: Dane Harrel, C4 Gun Store, LLC, Marengo Guns, Inc, Illinois State Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation

Defendants: 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, McHenry County Sheriff Robb Tadelman

Litigation Counsel: David Sigale

Docket: S.D. IL case no. 3:23-cv-00141, Seventh Circuit case nos. 23-1826 and 24-3061, Supreme Court case no. 23-877 | CourtListener Docket

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Key Events & Filings:

Circuit Court

2024-12-5: Order
2024-12-3: Reply in Support of Motion to Stay Injunction Pending Appeal
2024-11-27: Plaintiffs-Appellees’ Response to Defendants-Appellants’ Motion to Stay Injunction Pending Appeal
2024-11-15: Motion to Stay Injunction Pending Appeal

District Court

2024-11-8: Notice of Appeal
2024-11-8: Findings of Fact and Conclusions of Law
2024-10-21: Plaintiffs’ Proposed Findings of Fact and Conclusions of Law
2024-10-21: State Defendants’ Proposed Findings of Fact

Supreme Court

2024-7-2: Petition DENIED. Justice Alito would grant the petition for a writ of certiorari. Statement of Justice Thomas.
2024-6-28: DISTRIBUTED for Conference of 7/1/2024.
2024-6-17: DISTRIBUTED for Conference of 6/20/2024.
2024-6-10: DISTRIBUTED for Conference of 6/13/2024.
2024-6-3: DISTRIBUTED for Conference of 6/6/2024.
2024-5-28: DISTRIBUTED for Conference of 5/30/2024.
2024-5-20: DISTRIBUTED for Conference of 5/23/2024.
2024-4-30: DISTRIBUTED for Conference of 5/16/2024.
2024-4-26: Reply Brief for Petitioners
2024-4-15: Brief in Opposition for the State of Illinois, City of Chicago, and City of Naperville Respondents
2024-4-15: Brief in Opposition of Cook County Respondents
2024-2-12: Petition for Writ of Certiorari

Circuit Court

2023-12-11: Order Denying En Banc Petition
2023-12-11: Order Denying En Banc Petition
2023-12-11: Order Denying En Banc Petition
2023-12-11: Order Denying En Banc Petition
2023-11-17: Petition for Rehearing En Banc
2023-11-3: Opinion
2023-6-29: Oral Arguments
2023-6-26: Reply Brief of the State Parties
2023-6-26: Reply Brief of the City of Chicago and Superintendent of Police
2023-6-26: Reply Brief of Defendants-Appellees Cook County, Toni Preckwinkle, Kimberly M. Foxx, and Thomas J. Dart
2023-6-20: Appellees' Response Brief
2023-6-5: Opening Brief and Short Appendix of Defendants-Appellees Cook County, Toni Preckwinkle, Kimberly M. Foxx, and Thomas J. Dart
2023-6-5: Opening Brief of the State Parties and Short Appendix
2023-6-5: Brief and Short Appendix of the City of Chicago and Superintendent of Police
2023-5-12: Consolidation Order
2023-5-11: Plaintiffs-Appellees’ Statement Regarding Consolidation
2023-5-10: State Defendants-Appellants’ Statement on Consolidation
2023-5-9: Opposition of Plaintiff Appellees’ Jeremy W. Langley, Timothy B. Jones and Matthew Wilson and to State Appellants-defendants’ Emergency Motion to Stay the District Court’s Preliminary Injunction Pending Appeal
2023-5-9: Plaintiffs-Appellees’ Response to Defendants-Appellants’ Emergency Motion to Stay the District Court’s Preliminary Injunction Order Pending Appeal
2023-5-9: Federal Firearms Licensees of Illinois Plaintiffs-Appellees’ Opposition to State Appellants-Defendants’ Emergency Motion to Stay the District Court’s Preliminary Injunction Pending Appeal
2023-5-5: Order
2023-5-4: Order
2023-5-3: Order Consolidating Cases
2023-5-2: State Defendants’ Emergency Motion to Stay the District Court’s Preliminary Injunction Order Pending Appeal
2023-5-1: Defendants-Appellants’ Unopposed Motion to Consolidate

District Court

2024-5-10: Report and Declaration of Mr. Phil Andrew
2024-5-10: Report and Declaration of James E. Yurgealitis
2024-2-23: Memorandum and Order With Respect to Scheduling and Discovery Conference
2023-5-5: Motion to Stay the Court's Preliminary Injunction Order Pending Interlocutory Appeal is now moot. Order allowing plaintiffs to file any response thereto is now vacated. Signed by Judge Stephen P. McGlynn on 5/5/2023.
2023-4-28: Motion to Stay the Court’s Preliminary Injunction Order Pending Interlocutory Appeal
2023-4-28: Notice of Appeal
2023-4-28: Order on Motions for Preliminary Injunction
2023-4-12: Transcript of Oral Argument
2023-3-23: Plaintiffs Dane Harrel, C4 Gun Store, Llc, Marengo Guns, Inc., Illinois State Rifle Association, Firearms Policy Coalition, Inc., and Second Amendment Foundation’s Reply to Defendants Raoul and Kelly’s Response to Plaintiff’s Motion for Preliminary Injunction
2023-3-16: Defendants, James Gomric, in His Official Capacity as State’s Attorney of St. Clair County, Illinois and Richard Watson, in His Official Capacity as Sheriff of St. Clair County Illinois Answer to Plaintiff, Dane Harrel, Complaint for Declaratory and Injunctive Relief
2023-3-16: Defendants, James Kelly and Jarrod Peters Answer and Affirmative Defenses to Complaint
2023-3-16: Answer and Affirmative Defenses to Complaint
2023-3-16: Defendant Kelly’s Answer and Affirmative Defenses
2023-3-16: Defendants’ Answer and Affirmative Defenses to Plaintiffs’ Complaint for Declaratory, Injunctive and Other Relief
2023-3-16: Defendants Raoul and Kelly’s Answer and Affirmative Defenses to Plaintiffs’ Complaint for Declaratory and Injunctive Relief
2023-3-16: Defendants’ Answer and Affirmative Defenses to Plaintiffs’ Complaint
2023-3-15: McHenry County Defendants’ Answer to Complaint for Declaratory and Injunctive Relief
2023-3-2: Defendants, James Kelly, in His Official Capacity as State’s Attorney of Randolph County, Illinois and Jarrod Peters, in His Official Capacity as Sheriff of Randolph County Illinois Response to Plaintiffs’ Motion for Preliminary Injunction
2023-3-2: Defendants, James Gomric, in His Official Capacity as State’s Attorney of St. Clair County, Illinois and Richard Watson, in His Official Capacity as Sheriff of St. Clair County Illinois Response to Plaintiffs’ Motion for Preliminary Injunction
2023-3-2: Defendants‘ Patrick D. Kenneally, State’s Attorney of McHenry County, and Robb Tadelman, Sheriff of McHenry County, Response to Plaintiff’s Motion for Preliminary Injunction
2023-3-2: Attorney General Raoul, Governor Pritzker, and ISP Director Kelly’s Response in Opposition to Plaintiffs’ Motions for Preliminary Injunction
2023-1-25: Plaintiffs’ Motion for Preliminary Injunction
2023-1-17: Complaint

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