KWAME TRIES TO STAY GSL’S FOID CHALLENGE AND FAILS!

Good old Kwame Raoul hates gun rights for the little people.  Sure, Kwame didn’t finish first in his law school class but her now “serves” as Illinois Attorney General, doing his level best to keep all of Illinois on the gun control plantation.  He actually moved for the Illinois Fourth District Appellate Court to stay Guns Save Life’s lawsuit challenging the FOID Act.

Here’s the PDF of our response.

Here’s the quick and dirty description of Kwame’s stalling tactics:

Plaintiff-Appellant opposes Defendant-Appellee’s belated motion to stay the appeal. This appeal is fully briefed and ready for argument. Plaintiff-Appellant filed its brief over ten months ago. Defendant-Appellee obtained three separate 35-day extensions before filing his brief nearly six months ago. The Court set the appeal for argument but then ordered supplemental briefing in light of the U.S. Supreme Court’s decision in United States v. Rahimi, 144 S. Ct. 1889 (2024). The parties have completed their supplemental briefing. Nevertheless, Defendant now asks this Court to stay the appeal pending the Illinois Supreme Court’s decision in People v. Thompson, No. 129965, arguing that the Illinois Supreme Court’s consideration of Thompson “is a changed circumstance that occurred only recently.” Mot. to Stay Pending Appeal at 1 (“Mot.”). But the State has known that the Illinois Supreme Court would consider the appeal in Thompson since the Illinois Supreme Court granted the criminal defendant’s petition for review on November 29, 2023. People v. Thompson, 223 N.E.3d 643 (Ill. Nov. 29, 2023) (Table). That is not “a changed circumstance that occurred only recently.” Mot. at 1. Moreover, Thompson will not consider or decide the issue in this appeal: whether the FOID Act violates the Second Amendment by requiring a license to possess firearms. The criminal defendant in Thompson instead challenged his conviction for aggravated unlawful use of a weapon (“AUUW”) after he publicly carried a handgun without a concealed carry license. See People v. Thompson, 2023 IL App. (1st) 220429- U, ¶ 21 (June 21, 2023) (noting that, at the time of the offense, the defendant possessed a FOID card but not a concealed carry license). The Illinois Supreme Court, therefore, has no reason in Thompson to apply Bruen to the FOID Act and determine whether the FOID Act requiring a license simply to possess firearms “is consistent with the Nation’s historical tradition of firearm regulation.” N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 24 (2022). This Court should deny Defendant’s belated attempt to further delay resolution of this appeal.

(Emphasis added.)

The Appellate Court, however, rejected his motion.

Good work, Kwame.

Moreover, the Fourth gave us a court date for Oral Arguments:  November 14.