Our amended complaint was filed today in the Southern District Court of Illinois. In the complaint we’re asking for injunctive relief to block the gun registration scheme on a host of grounds.
AMENDED COMPLAINT FILED… New challenge to Illinois’ ‘PICA’ Gun & Magazine Ban… See inside
Byjboch
Nov 8, 2023
One thought on “AMENDED COMPLAINT FILED… New challenge to Illinois’ ‘PICA’ Gun & Magazine Ban… See inside”
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I frankly cannot see how any court, post-Bruen, could read this extremely well written filing and come to any conclusion other than the fact that PICA is grossly unconstitutional. I am quite sure, however, that the Northern District will do just that. This will have to be adjudicated by the SCOTUS, though unless we get an enduring injunction preventing implementation, SCOTUS will be too late to prevent the registration scheme.
To that end, I am surprised that that brief did not call out provisions of FOPA (Firearms Owners’ Protection Act of 1986) that specifically enjoins governments from maintaining registration lists:
“No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary’s authority to inquire into the disposition of any firearm in the course of a criminal investigation.”
IANAL, but that seems pretty clear that NO government agency, including state and even local governments, may implement registration.