EAST ST. LOUIS – Illinois attorney general Kwame Raoul moved to strike about 40% of a complaint that challenges the state’s ban on firearm suppressors.
His assistant Thomas Ewick filed the motion on Jan. 20, claiming plaintiffs bulked up the complaint with immaterial, impertinent and improper arguments and conclusions.
He called it “a legal brief with the occasional factual allegation sprinkled therein.”
Larry Morse of Williamson County and Theodore Buck of Jefferson County sued Raoul in U. S. district court in November.
They claimed a state ban on suppressors, which many people call silencers, violates the Second Amendment right to keep and bear arms.
They claimed few criminals use suppressors and gun owners use them to protect their hearing and prevent the spooking of game.
Ewick’s motion would strike 2,285 of the complaint’s 5,723 words.
He objected to a statement that arms are weapons of offense or armor of defense and a statement that the Second Amendment extends to all instruments that constitute bearable arms, even those that didn’t exist at the time of the founding.
He objected to a quote from the supreme court of New York that government must demonstrate that a regulation is consistent with the nation’s tradition of firearm regulation.
He also objected to a similar quote from the U. S. appellate court in Washington.
Ewick objected to a statement that a federal judge in Texas ruled last year that 18 to 20 year olds have a right to carry firearms outside the home.
He objected to a statement that Raoul may prohibit dangerous and unusual arms and may disqualify specific dangerous individuals from carrying arms.
He also objected to a statement that Raoul may not completely ban arms that are possessed for lawful purposes or deny a right to carry them in non sensitive places.
Further, he objected to a statement that Morse and Buck have standing to challenge the ban.
Ewick objected to a statement that the National Firearms Act regulates suppressors and defines them as firearms.
He objected to a statement that the appellate court in Washington found assault weapons and magazines holding more than ten rounds were firearms.
He also objected to a statement that the Washington court found it had to determine whether those firearms were typically possessed by law abiding citizens for lawful purposes.
Additionally, he objected to a statement that the Washington court then found assault magazines and the prohibited magazines were in common use.
Ewick objected to a statement that the U. S. Supreme Court found the arms that people had the right to keep included ordinary military equipment such as ammunition and bayonets.
He objected to a statement that Justice Alito found hundreds of thousands of private citizens in 45 states lawfully possessed tasers and stun guns and a statement that a federal judge in New York protected nunchucks despite plaintiffs proving civilians possessed only 64,890 of them.
He also objected to a statement that the Third and Seventh circuits found the Second Amendment protected self defense and target shooting.
Ewick objected to a Third Circuit finding that a right to bear weapons wouldn’t mean much without the training and practice that make them effective.
He objected to a statement that the U. S. Supreme Court recognized a Second Amendment right to accessories and proper accoutrements.
He also objected to a statement that other circuits applied the amendment to hollow point ammunition and magazines.
Ewick objected to a statement that the Seventh Circuit found the test for determining protection of accessories utilized the same test that applies to arms.
He objected to a statement that the amendment protects suppressors whether viewed as arms or accessories because they are in common use for lawful purposes.
Finally, he objected to a statement that, “Illinois actively enforces this ban.”
Stephen Stamboulieh of Mississippi and Alan Beck of San Diego represent Morse and Buck.
The complaint sought an injunction not only against Raoul but also against state’s attorneys Theodore Hampson of Williamson County and Sean Featherstun of Jefferson County.
Bhairav Radia and Joseph Bracey of Northbrook represent Hampson and Keith Hill of Heyl Royster in Edwardsville represents Featherstun.
District Judge David Dugan set a hearing Feb. 14.