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Gov. J.B. Pritzker enacted the ban on more than 170
semi-automatic firearms. The number of banned firearms increases
depending on the different types of banned attachments. The law
also bans the sale and possession of magazines over certain
capacities.
Supporters of the law say it’s necessary to limit the
proliferation of such firearms. Opponents argue the Second
Amendment does not let governments ban commonly owned firearms.
Attorney Thomas Maag filed the first challenge in state court
shortly after it was enacted. That was transferred to federal
court and consolidated with three other cases. Southern District
of Illinois federal Judge Stephen McGlynn issued a preliminary
injunction against the ban in late April. Six days later, the
injunction was stayed by an appellate court and the case was
consolidated with similar challenges from the Northern District.
Maag said he’s now asking for McGlynn to issue a partial
judgment that the law is too vague. He said the legislature
lumped some firearms with AR platform guns incorrectly.
“These people at the legislature have no idea what they’re
writing about and there’s no objective way to determine what is
banned,” Maag told The Center Square. “If it’s
unconstitutionally vague as alleged, the whole ban should fall.”
Maag said there are a couple of different outcomes possible,
including dismissing the motion or striking the law down
entirely.
“Depending on whether or not the state appealed that, it may
render what’s in the Seventh Circuit now moot, it may not,” Maag
said. “There’s a lot of options there.”
He said his latest motion is different from what’s in front of
the appeals court.
“What's in the Seventh Circuit deals only with Second Amendment
issues as opposed to due process vagueness issues and what’s in
the Seventh Circuit also only deals with preliminary
injunctions,” Maag said.
Maag said the state has until Monday to reply to the motion.
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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