Illinois Attorney General Kwame Raoul lost another case today. He can add it to the long string of setbacks losses he’s endured despite the nearly bottomless well of resources the State of Illinois has available to him.
Dan Caulkins, through his skilled attorney Jerry Stocks in Decatur, won a temporary restraining order (TRO) in Macon County court this morning. Yes, Kwame Raoul lost yet again. I’ll not get tired of typing that anytime soon.
The TRO issued covers the named plaintiffs: Dan Caulkins, Perry Lewin, Decatur Jewelry & Antiques and the 1700-plus members of the Law Abiding Gun Owners of Macon County.
So for less than $20,000, Caulkins and Stocks delivered a TRO protecting 1700-some members from any enforcement action for the time being. Litigation will continue as the case goes to trial.
I spoke briefly to Mr. Caulkins less than an hour ago. He credited his Attorney Jerry Stocks with masterfully laying out the case and prosecuting it against Illinois’ top lawyer, Mr. Raoul.
“I want to thank those people who placed their faith and trust in us to get this job done,” Caulkins told me. “We look forward to litigating this case in court, all the way to the Illinois Supreme Court if that’s what it takes.”
No word on the fate of the six individuals on whose behalf Tom DeVore filed an Application to Intervene and Petition for an Injunction.
Here’s a teaser from The Center Square’s report:
(The Center Square) – A third temporary restraining order has been issued in another case challenging Illinois’ gun and magazine ban.
In Macon County, Judge Rodney Forbes followed the 5th Circuit Court of Appeals in issuing the order restraining Illinois from enforcing the law. But the order does not apply to the whole state, it only applies to the named plaintiffs and the association “Law-Abiding Gun Owners of Macon County,” which has hundreds named in the order.
“The Court further finds ‘special legislation and equal protection challenges are judged by the same standard,” Forbes wrote. “Accordingly, the Court is required by precedent to enter a temporary restraining order on Count IV (equal protection) and Count V (special legislation) of Plaintiffs’ complaint.”
So it would appear that the law doesn’t apply to me now, as one of the plaintiffs in the suit. I wonder how we can prove to retailers that we are not bound by this stupid law for the time being. I have more guns and magazines to buy, especially since Fatboy and his pathetic minions can’t stop me from doing so.
We seriously need a statewide TRO issued as soon as possible. The courts are clearly saying they must follow the precedents of other courts on the same litigation, so why can’t we just get a statewide ruling once and for all?
If you print out the exhibit sheet of named plaintiffs with your name and signature, that should be good to work with other TRO-freed dealers. At least that’s been my experience.
As far as state-wide, it’s my understanding that it got to move up to a higher court to totally strike down law. I think the state knows it’s going to lose, and they are going to drag-out and delay things for as long as possible.
Patience, grasshopper.
These things don’t happen quickly.
“As far as state-wide, it’s my understanding that it got to move up to a higher court to totally strike down law. I think the state knows it’s going to lose, and they are going to drag-out and delay things for as long as possible.”
No. This court can grant it but the entire state wasn’t a plaintiff and it was an “as applied” suit, not a facial challenge to the entire act as our (GSL’s) lawsuit challenging the FOID act.
Anyone know how to print this out? Seems it is embedded in the email.
Thanks!!
I’m workin’ on it.
The problem would seem to be that, since the Law-Abiding Citizens of Macon County are not specifically named, there is no real proof in the decision that can be given to any retailer. Other than an e-mail from Dan Caulkins that said he was adding me to the lawsuit, there is no legal filing which states my name. Even the name of the organization of plaintiffs is a misnomer; I do not live in Macon County personally.
The very patchwork nature of the TROs is problematic. A retailer will likely err on the side of caution rather than risk selling guns and magazines to me, even though the state is now enjoined from enforcing their law against me.
I do understand that this takes time, and I am willing to wait if the end result is an injunction against the law for all residents of Illinois. Despite the claims from Raoul that the State will seek an expedited ruling by the Illinois Supreme Court, I see no real evidence of that. In fact, dragging their feet seems to be their best play here, since the ISC seems unlikely to be sympathetic to their cause given the strong rulings by three separate courts on Equal Protection and now Special Legislation. The state doesn’t have a leg to stand on.
The ISC could, and should, toss the entire law in the trash bin. It is clear the legislature acted in bad faith, and unconstitutionally. Several judges have now said just that. In fact, ISC could also address the other counts of the lawsuits with regards to procedural violations that the lower courts said they could not rule upon.
Bravo. Well done. I saw somewhere the real number was 2100 or more! For less than 20k. Damn, son. You’re right Boch. That would’ve been a half million haul for DeVore!
And I forgot to mention that the association people don’t have to worry about a deposition either!
does anyone know how to find the list of plantiffs to make sure im on there.
Browse through the posts. There was a post Monday or so with a complete list.
https://www.gunssavelife.com/scheels-other-gun-shops-drowning-in-business-for-a-select-few/