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The case challenging Naperville’s gun and magazine ban was filed
in September. It was amended last month to include the state’s
ban that was enacted on Jan. 10. After a hearing last month,
Judge Virginia Kendall ruled the ban on certain weapons is
“consistent” with the “historical tradition of firearms
regulation.”
Gun control advocates praised Kendall’s decision.
“[Gun Violence Prevention PAC] welcomes the decision of Federal
Judge Virginia Kendall upholding as ‘constitutionally sound’ the
new Illinois law banning assault weapons and high capacity
magazines,” the group said in a statement. “For all of us who
worked to pass this law, and for all of the potential victims
who will be protected by it, it is good news that the first
judge to rule on the statute recognizes that it stands squarely
in the historical U.S. tradition of banning dangerous weapons.”
Law Weapons’ attorney Jason Craddock told The Center Square his
plans to appeal the ruling.
In the Southern District of Illinois, Guns Save Life founder
John Boch is party to one of four different cases there. He
doesn’t expect the northern district decision to impact their
case.
“This is just a request for a preliminary injunction. This isn’t
a final decision in the case and I think a different judge is
going to have a very different view on the [New York State Rifle
and Pistol Association v. Bruen] decision and its impact on the
laws that Illinois has passed,” Boch told WMAY.
Two previous gun-related rulings from Kendall in the 2010 and
2014 cases Ezell v. Chicago were overturned by the court of
appeals. Boch expects the same for Friday’s ruling.
“So I wouldn’t be surprised to see the Seventh Circuit Court of
Appeals grant the injunction over Judge Kendall's head,” Boch
said. “It’s gonna be interesting to watch her get slapped down a
third time because obviously, the Seventh Circuit Court of
Appeals knows what the Bruen case means, it knows what the
Second Amendment says and that’s gonna be that.”
Boch says the Bruen decision set a new precedent for Second
Amendment cases to base rulings on “text and tradition” of the
amendment, not on a balancing of public safety interests over
civil liberties.
For the four cases in the southern district challenging
Illinois’ gun ban, the state made a motion for a “Coordinated
Preliminary Injunction Briefing.” When that will be due could
range from Feb. 28 to March 2.
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.
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