Nuanced arguments highlighted during federal hearing on Illinois’ gun ban

[April 14, 2023]  By Greg Bishop | The Center Square

The Center Square) – The nuance of the challenges against Illinois’ gun ban range from the state making firearms less safe for people with disabilities to prohibiting people from being able to fix their own guns.

Illinois’ ban on certain semi-automatic firearms and magazines was enacted Jan. 10. There are challenges in both state- and federal-level courts. One in front of the Illinois Supreme Court in mid-May challenges the law on equal protections violations because it exempts those in law enforcement and the security industry.

Several cases consolidated in the Southern District of Illinois federal court challenge the law on Second Amendment grounds. That case was heard Wednesday in East St. Louis.

During questioning of the state as defendants, federal Judge Stephen McGlynn noted that some firearm features the state banned like pistol grips to keep a firearm steady will make guns less safe for the elderly or people with disabilities. Attorneys representing the state said they weren’t there for that. McGlynn said he was.

After the hearing, plaintiffs’ attorney Thomas Maag said that’s a very important point.

“The elderly, those with physical infirmities, require different types of firearms than a strong 19-year-old body builder, yes I do think that is very important,” Maag said. “For instance, my own mother in law has severe arthritis. She could not handle most modern firearms. We had to find one she could handle with her arthritis.”

A screenshot of various illustrations as part of Illinois' filing defending the state's gun and magazine ban
Greg Bishop / The Center Square

Maag argued the state had it wrong with what they labeled a “grenade launcher.”

“The judge had obviously noticed that the state had labeled a flare gun as a grenade launcher, which is a world of difference between a flare gun, which is a stress signal device, and a grenade launcher, which is designed to throw bombs a couple-hundred yards,” Maag said.

The state argued Wednesday that Illinois legislators won the popular vote and can set such policies. Maag said that is also wrong.

“They’re arguing that the legislature is not bound by the constitution. That is the exact opposite of how it really works,” Maag said. “The constitution controls what the legislature does. The legislature doesn’t get to control what the constitution does.”

McGlynn took the case under advisement. There’s no indication when a ruling will be announced, but it could be in the weeks ahead. It’s expected however the case is decided, it will be appealed to the U.S. Seventh Circuit Court of Appeals.

Greg Bishop reports on Illinois government and other issues for The Center Square. Bishop has years of award-winning broadcast experience and hosts the WMAY Morning Newsfeed out of Springfield.