At this point everything seems to be pushing the PICA Act (so called assault weapons ban), towards the Supreme Court of the United States. On December 12, a JCAR hearing was held in Chicago. Fortunately, the JCAR did not make permanent the temporary rules. It is clear that despite the efforts of many, the PICA is unconstitutional and a confused mess. The next hearing of JCAR will be held January 16, 2024. Despite the rules not being in place, the registration requirement still must be completed by December 31, 2023.
We have received many calls about moving firearms that are on the list out of state. Moving them out of state complies with the PICA Act. One should remember that you cannot move them back into the state unless the Supreme Court rules the Illinois law unconstitutional.
One of the new aspects that came out of the JCAR hearing was adding whether or not you have a firearm or firearms registered when a traffic stop occurs, police access what is known as Law Enforcement Agencies Data System (LEADS). You can see a more in-depth explanation from ISRA Lobbyist, Ed Sullivan below.
On December 12, Judge Stephen P. McGlynn decided not to issue an injunction against the Illinois law once again. Such an injunction would only delay our case, Harrel v. Raoul, and the NSSF case, Barnett v. Raoul, from reaching the Supreme Court of the United States. We have 90 days from December 11 to file our appeal to the Supreme Court of the United States. Our attorneys are in the process of doing that now.
ISRA Statement on the December 11th Decision by the US 7th Circuit Court of Appeals
Earlier this year, the Illinois State Rifle Association filed a lawsuit against the so-called “Assault Weapons” law signed in January. The case has worked its way through the legal system all the way to the US Seventh Circuit court where we asked the entire court to review the case in an en banc review. The Seventh Circuit Court rejected our en banc petition for that review on 12/11/23. Below is a statement from the ISRA released to the media.
“The ISRA anticipated the decision of the US Seventh Circuit to deny an en-banc hearing as part of our legal strategy and intend on pursuing an appeal to the US Supreme Court. We believe the Supreme Court must take a look at this case given its clear conflict with other Federal court rulings and the Supreme Court’s own historic ruling in the New York State Rifle & Pistol Association vs Bruen case.
We look forward to moving this case on to the highest court in the nation, just as we look forward to continuing fighting against the disastrous implementation of Governor Pritzker’s registration scheme, where his agencies are changing the rules yet again with only 17 days left before the end of the registration period. It is clear that this administration is more focused on making criminals out of law-abiding gun owners instead of addressing an inadequate justice system which is permitting violent criminals to continue victimizing the good citizens of Illinois.”
US Senate ‘Assault Weapons’ Ban Fails Without Vote
A Senate proposal to ban AR-15s and other popular firearms went down without a vote on Wednesday. Majority Leader Chuck Schumer (D., N.Y.) brought Senate Bill 25, the “Assault Weapons” Ban of 2023, to the floor for a vote in the 11 am hour, but it failed shortly afterward. A universal background check and gun storage requirement proposal soon suffered the same fate. None of them received a roll call vote.
The bills failed because they were brought to the floor by unanimous consent requests. As the name implies, the bills would have needed support from every senator to pass. A single senator’s objection can, and in this case did, derail the legislation.
The failure to move legislation banning so-called “assault weapons” does not mean the anti-gunners have given up. This week’s action is not a guarantee that the legislation won’t come back as an attachment, or in another bill. We know that this is where the anit-gunners want to go. The Illinois State Rifle Association will be on the watch for any such moves.
We are thankful that there are Republicans in the Senate who blocked this attempt. Like us, they stand for the Constitution and the Second Amendment.
You can lower the odds of anti-gun legislation getting passed by calling our two senators and asking them to say ‘NO,’ to S. 25 or any other gun control bill or amendment.
Call Senator Dick Durbin:
• Chicago office at (312) 353-4952
• Springfield office at (217) 492-4062
Washington, DC office at (202) 224-2152
Call Senator Tammy Duckworth:
• Chicago office at (312) 886-3506
• Springfield office at (217) 528-6124
Take Action Now! If you are not an ISRA member, join today , or help support us by donating online here.
NYC bodega owners, grocers arming themselves with guns amid violent thefts plaguing Big Apple
Hundreds of Big Apple supermarket and bodega store owners are arming themselves as the epidemic of violent theft continues to plague their businesses. Bodegas are small ethnic convenience stores. It should be noted that the Bodega store owners are keeping their membership secret, to prevent harassment by the NYC police and others.
In the past year alone, the United Bodegas of America and the Bodega and Small Business Group said they’ve helped at least 230 store owners apply for their gun licenses, connecting them with concealed-carry classes required by the state to obtain a permit. In addition, the National Supermarket Association representing roughly 600 independent grocers, estimated a quarter of its members in the city are armed, compared to 10% pre-pandemic.
NICS November 2023: Third-Highest Gun Sales, Fourth-Highest Background Checks
The gun sales and National Instant Background Check System (NICS) checks continue the trend in 2023 of the third or fourth highest month on record, were about 1.56 million firearms.
There have been about 13.57-million-gun sales in 2023 so far, using the NICS numbers. In December, estimates show another 1.7-million-gun sales, for a total of over 15 million guns sold through NICS in 2023.Anticipating price increases in 2024 could boost December sales. Guns and ammunition are durable. Guns last for centuries with little care. Ammunition lasts for many decades. Both are inflation hedges and can be used for practical purposes. Both can be bartered for other items.
Illinois Supreme Court Rules FOIA of FOID Information Not Allowed
The Illinois Supreme Court says people cannot file public records requests to get information about their Firearm Owners ID card.
In September, the Illinois Supreme Court heard a case brought by two individuals who used the Freedom of Information Act to try and get records regarding why their FOID cards were either revoked or suspended. During oral arguments, Chief Justice Mary Jane Theis raised the prevailing point that was ultimately issued unanimously Thursday.
“These documents are not subject to FOIA, can’t be inspected or copied, but there are other avenues that people can get information,” Theis said. Representing the plaintiffs, attorney Thomas Maag said getting such information by calling Illinois State Police is not efficient. “I invite this court to go to their website and dial the telephone number and see how many hours it takes to get a person, if you even can,” Maag argued.
In Thursday’s unanimous decision siding with Illinois State Police in blocking the FOID card information release, even to those individuals who made the request about their information, the justices said they agree the law does not provide any exemption for individuals who are seeking their own information, even if the individual provides consent for the disclosure.
After Thursday’s ruling, the lower court’s judgment was reversed.
Federal Judge Strikes Handgun Sales Ban For 18-20 Year Olds In West Virginia
A federal district court judge in West Virginia has ruled that a federal law prohibiting handgun sales to 18-20 year-olds is “facially unconstitutional” and granted a summary judgment in a case brought by the Second Amendment Foundation.
U.S. District Chief Judge Thomas S. Kleeh enjoined the defendants — in this case the Bureau of Alcohol, Tobacco, Firearms and Explosives, ATF Director Steven Dettelbach, and Attorney General Merrick Garland — from enforcing the provisions “against Plaintiffs and otherwise-qualified 18-to-20 year-olds.”
“This is a huge victory for Second Amendment rights, especially for young adults,” said SAF Executive Director Adam Kraut. Recently, several courts have ruled that a person’s civil rights are fully vested at age 18.
SAF founder and Executive Vice President Alan M. Gottlieb notes “At that age historically, young adults were considered mature enough to serve in the militia, the military, and take on other responsibilities.”