Federal judge denies blocking enforcement of Naperville’s and Illinois’
gun ban
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[February 20, 2023]
By Greg Bishop | The Center Square
(The Center Square) – In a challenge to Naperville’s gun and magazine
ban that was amended to include Illinois’ statewide ban, a federal judge
has denied motions for a restraining order and preliminary injunction.
The case Bevis et al v. City of Naperville, was filed in the Northern
District of Illinois in September 2022. Robert Bevis, the lead
plaintiff, is with Law Weapons, Inc., a gun store in Naperville, and is
challenging the city’s ordinance banning certain semi-automatic weapons.
The case was also carried by the National Association for Gun Rights.
In December, Judge Virginia Kendall ordered a stay on enforcing the
ordinance while the case continued. The stay was in effect “until the
final deposition of plaintiffs’ motion for a TRO and preliminary
injunction,” Kendall wrote.
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The judge also ordered the parties to address whether the Second
Amendment's plain text covers the conduct at issue in Naperville's
ordinance banning the sale of so-called "assault weapons," and if so,
whether the "regulation is consistent with this Nation's historical
tradition of firearm regulation" per a U.S. Supreme Court precedent.
After Jan. 10, when Illinois enacted the statewide ban on certain
semi-automatic firearms and magazine capacities, plaintiffs motioned to
amend their case to include a challenge to the state law.
“With the decision handed down in [the U.S. Supreme Court case New York
State Rifle and Pistol Association v. Bruen], laws like this one must
find their justification in the history, text, and tradition of the
Second Amendment – and a wholesale ban on the most popular firearms in
America is unjust and unconstitutional,” National Association for Gun
Rights President Dudley Brown said last month. “These laws ban firearms
that are in common use throughout the United States in violation of the
test set forth in Heller. We look forward to demolishing this draconian
law and restoring the gun rights of the law-abiding citizens of
Illinois.”
During a hearing of the case Jan. 27, Naperville’s attorney argued
police powers allow regulations of certain weapons and provided
historical context for such laws. The plaintiffs’ attorney argued
regulations are possible, but not a complete ban if it implicates a
right like the Second Amendment.
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Entrance of City Hall in Naperville,
Illinois (John D. Buell | Wikimedia via Creative Commons)
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Late Friday, the judge issued an opinion and order denying the
plaintiffs’ motion for a temporary restraining order and a preliminary
injunction.
“Assault weapons pose an exceptional danger, more so than standard
self-defense weapons such as handguns,” the judge wrote. “High-capacity
magazines share similar dangers.”
Kendall provided various stats about mass shootings involving
semi-automatic firearms, saying regulations on such items are not
“unusual” or “severe.”
“The federal government banned assault weapons for ten years. Today,
eight states, the District of Columbia, and numerous municipalities,
maintain assault-weapons and high-capacity magazine bans – as more
jurisdictions weigh similar measures,” Kendall wrote. “Because assault
weapons are particularly dangerous weapons and high-capacity magazines
are particularly dangerous weapon accessories, their regulation accords
with history and tradition.”
The judge said the city and state “lawfully exercised” their authority
to regulate the possession, transfer, sale, and manufacture of certain
firearms by banning commercial sales.
“That decision comports with the Second Amendment, and as a result, the
plaintiffs have not shown the ‘likelihood of success on the merits’
necessary for relief,” Kendall wrote.
The plaintiffs’ attorneys couldn't immediately be reached for comment on
whether they plan to appeal.
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There are at least four other federal cases filed in the Southern
District of Illinois federal courts challenging the state’s gun ban. The
state is ordered to reply to those motions for injunctive relief by no
later than March 2.
In state-level challenges of Illinois’ gun ban, temporary restraining
orders have been issued against the state from enforcing the law, but
that only impacts plaintiffs named in the lawsuits. A motion has been
filed with the Illinois Supreme Court to consolidate cases out of
Effingham, White and Macon counties.
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. |