On Jan. 10, Governor J.B. Pritzker signed into law an Illinois gun ban that criminalized the possession of more than 170 semi-automatic firearms and certain magazines. Four plaintiffs' groups sued in federal court, alleging the law violates the 2nd Amendment right to “keep and bear arms.”
Second Amendment Foundation Founder and Executive Vice President Alan Gottlieb said, “Illinois has banned the future sale, importation, purchase, delivery, and manufacture of the most popular rifle in the United States, along with their standard capacity magazines. People who already own such firearms must now register their guns with the State Police. This ban violates the Constitutional rights of Illinois gun owners, and we intend to prove it in court.”
A preliminary injunction is sought in a Southern District of Illinois court in East St. Louis to overturn the four consolidated cases. The case was heard Wednesday, April 12th, 2023, with nearly a third of Illinois' state's attorneys asking the Illinois Supreme Court to overturn the state's gun ban.
On Monday, two days before the hearing, one phase of the state's gun ban had already started. Those found with non-compliant magazines face a petty offense with a $1,000 fine. Those found with non-compliant firearms can face up to a Class 3 felony. The plaintiffs' attorneys want this resolved as soon as possible due to the sheer urgency of the matter.
Days before the case was heard, Richard Pearson from the Illinois State Rifle Association said he expected to achieve a preliminary injunction. He also expects the state of Illinois will appeal the case to the Seventh Circuit Court of Appeals, and it will eventually make its way to the U.S. Supreme Court.
Judge Stephen McGlynn started Wednesday's proceedings by stating, “It's not my job to make policy decisions. My job is to make sure that the policy decisions of the legislative or executive branch are consistent with the constitution.”
Plaintiff Attorney Erin Murphy said during arguments that the U.S. Supreme Court has recently set a standard for what is to be considered arms with respect to the 2nd Amendment. Murphy explained that semi-automatic firearms are arms commonly used by law-abiding gun owners.
Some debate went on about what restrictions were possible when it comes to firearms, magazine capacity, grenade launchers, and certain attachments. There was also talk about whether 50 caliber rifles should be banned.
The state representative Christopher Wells argued that the firearms mentioned in the new law should be banned because of their technological advancement. He tried arguing that because the Framers of the Constitution didn't have these firearms, they shouldn't be legal today. He also argued that AR-15s can find themselves in the wrong hands.
Judge McGlynn gave several interesting and seemingly pro-2nd Amendment examples of why these firearms should be legal. He mentioned a woman using an AR-15 in the home for self-defense as a better choice than a shotgun. Judge McGlynn also noted that a bolt-action rifle, which is legal under the Illinois gun ban, was used to kill President John Kennedy in 1963 with only three shots being fired in under a minute.
When discussing what should be banned and what shouldn't, McGlynn asked, “Who gets to decide?”
On their way out of court on Wednesday after the hearing, gun rights advocate Todd Vandermyde and Plaintiffs Attorney Thomas Maag seemed very confident that Judge Stephen McGlynn would see the case in their favor. They commented that the judge read all the briefs and was very familiar with the topics. According to Maag, the State's argument seemed to be nothing more than an argument that the State Legislature can do whatever they want to override the Constitution. Maag also said, “They seem to ignore the Bruen case out of New York,” which has recently set new precedent specifically relating to the “historical tradition” of gun laws in America.
Attorneys for the state declined to comment after the hearing.
Due to the necessity for gun laws to now meet “historical tradition,” as written in the Bruen case by Judge Clarence Thomas, and the determination of “common use,” we are likely to see more cases being argued on this precedent as we move into the future. The Bruen case was a gift that will keep on giving for decades.
In typical constitution-overreaching and gun-grabbing fashion, this case is expected to be appealed to the Seventh Circuit Court of Appeals.
Dan Wos
Find the original article in its entirety at Ammoland.
Wrong & No
Bad move
To aid Chicago into Chap 7
Illinois only cares about Chicago. The other parts of this state don’t count. Just like Michigan Detroit is the only city that counts. Democrats destroy a whole state because they are stupid, unamerican unmoral communists! But you people still keep voting them in. They can tell you crap is good to eat and you fools would believe them. This is how stupid the American people have become. Disfiguring their children is no big difference because idiot Joe says so. The stupidity of the American people is truly sickening.
most sadly,this evil in “Chicongo” is entirely self inflicted by the brain dead voters in that terrifying cauldoron of murder, and evil.
Correct as is the parents are to blame for their children’s transphobic transformations!
I’ve thought that too for a while. Then I realized, the Dems were taken over by the sociist-communists many years ago. And, they have now made our voting crooked. So ask yourself, just how crooked is the voting in my state.
In California, we have legally tried to get rid if Newsom for many years now. And he just gets mad and says @well, we will just put it on the ballot! That’s finally when I believe the ballot was actually crooked nowadays in favor of the democrats. Every time he puts anything on the ballot it WINS!
Woke Is a state of awareness only achieved by those dumb enough to find injustice in everything except their own behavior. True Americans believe all lives matter. Wake up America
Why are the regular mass shootings in Chicago each weekend not reported by the media? What about the damage caused by this law in the period where it was enacted until it is overturned?
I am 1000 % pro 2nd amendment
BUT AUTOMATIC RIFLES ARE NOT AS FAR AS I AM CONCERNED SHOULD NOT BE ALLOWED UNDER 2ND AMENDMENT PERIOD NO DISCUSSION
I THNK ONLY ONES COMPLAINING ARE CRIMINALS OR POSSIBLE CRIMINALS
Without a very specific automatic weapons license granted by the federal government, automatic weapons cannot be purchased/owned by any citizen. The weapons used in mass shootings are semi-automatic and because they look ominous and similar to military weapons, they are considered assault weapons but, they are not. Just an FYI, AR in AR 15 stands for Arma Lite, not “automatic rifle” which Democrats have mistakenly claimed for years. Outlawing “black” weapons will not stop mass shootings. The mentally ill will only find a different instrument and method.
Dick’s got some ‘splainin’ to do.
Why is there even a debate. “Shall not be infringed” is the law of the land so why are they still trying to infringe the 2A. That should be the constitutional test, does it infringe? Yet here we are, the state of Illinois decides it is all right to infringe and their commie governor signs off on it. If a judge rules against them, they will appeal until the only court in the land who seems capable of interpreting the Constitution has to hear the case. What kind of weapons do you supposed the founding fathers expected their militia to have anyway? Squirrel guns, pistols, shotguns, how about sling shots and bows and arrows? Does it make sense to have a militia armed with clubs and knives? Do you suppose they didn’t expect the militia to keep up with advancements in technology? What do you suppose they intended the militia to do, if tyrants took over their government? I think they expected them to get it back. That’s about the next chapter in US history for the NY Times to get wrong, the second American Revolution to expel the Marxist, socialist, fascist, Biden government from Washington DC.
– [ ] I buried my brother(or you yours) last year murdered by the vile democrats manufactured bioweapon known as Covid….Gain of Function research funded by democrats then discontinued for optic purpose because of dangers of that type of research only to be continued in Obama era by fauci and a bio lab research center funding it! How many more have to die… democrats do not care if your rep/dem vaxxed/unvaxxed they are after all of us whether you comply with their way of life they have planned for you or not. I buried my Brother last year…..Don’t let the next be yours…Stop the democrats! Vote them all out from office for life as they done to my brother’s life… for life!