While Illinois gun owners celebrate statewide halt to gun ban, local
challenges continue
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[May 01, 2023]
By Greg Bishop | The Center Square
(The Center Square) – Illinois gun owners are celebrating a victory in
federal court as a judge has blocked the state from enforcing its new
gun and magazine ban, but some local bans still apply.
The state banned the sale of more than 170 semi-automatic firearms and
magazines over a certain capacity on Jan. 10. A slew of legal challenges
were filed shortly after.
On April 10, one phase of the state law kicked in that leveled petty
offenses with $1,000 fines for being found with noncompliant magazines,
and up to a Class 3 felony for being found with noncompliant firearms. A
registry was set to be opened between Oct. 1 and Jan. 1, 2024, with
penalties for noncompliance. The ban and registry did not apply to
active or retired police or others in the law enforcement or security
sectors.
Friday in federal court, Southern District of Illinois Judge Stephen
McGlynn ruled in favor of four plaintiffs groups to block the law.
“We want to thank Judge McGlynn for issuing his ruling today,” Illinois
State Rifle Association Executive Director Richard Pearson said. “We
have said from day one that this law is unconstitutional and infringes
on the rights of legal firearm owners in our state.”
The state has filed for an appeal and for a motion that McGlynn reverse
his decision pending appeal.
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In his order issuing the preliminary injunction Friday, McGlynn said
Illinois’ ban doesn’t consider previous U.S. Supreme Court precedent.
“The Supreme Court in [New York State Rifle and Pistol Association v.
Bruen] and [Heller v. DC] held that citizens have a constitutional right
to own and possess firearms and may use them for self-defense. PICA [the
Protect Illinois Communities Act] seems to be written in spite of the
clear directives in Bruen and Heller, not in conformity with them,”
McGlynn wrote. “Whether well intentioned, brilliant, or arrogant, no
state may enact a law that denies its citizens rights that the
Constitution guarantees them.”
Gun Owners of America’s Luis Valdes said the judge’s ruling is a win for
gun owners in Illinois.
“We are now on the offensive footing. We are now able to prove that
‘hey, this is constitutional,’” Valdes told The Center Square. “We the
people have the right to keep and bear arms. We have the right to own
firearms. We have the right to own AR-15s. We have the right to own
standard capacity magazines, not these neutered 10-round only
magazines.”
Among other firearms the state outlawed, Illinois’ ban prohibited the
sale of AR-15 platform firearms plaintiffs say are among the most
popular and common firearms owned. The ban also prohibited the sale and
possession of magazines of more than 10 rounds for rifles and 15 rounds
for handguns. Friday’s order from McGlynn put that on hold.
“This means ALL banned firearms and magazines under the act can be
bought and sold again!” an email from Maxon Shooter’s Supplies and
Indoor Range in Des Plaines said. “The purpose of a preliminary
injunction is to prevent enforcement of the ban until the final hearing
of the entire case.”
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The federal cases challenging the law on
Second Amendment grounds are separate from the ongoing litigation in
state court. The Illinois Supreme Court is set May 16 to hear a
challenge that the law violates equal protections by not applying to
some – those in the law enforcement and security industries – while
applying to others. - Greg Bishop / The Center Square
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State Rep. Bob Morgan, D-Deerfield, who sponsored the legislation
enabling the ban, was disappointed with McGlynn’s decision, but his
office noted other elements of the law are intact.
“This injunction does not impact the prohibition on rapid-fire devices,
the interstate firearm trafficking strike force, or extension of the
duration of a firearm restraining order established under [House Bill
5471],” Morgan’s office said.
Late Friday, the state appealed to the Seventh Circuit Court of Appeals.
The state also requested McGlynn reverse his injunction against
enforcing the law, arguing among other things the judge’s preliminary
injunction misapplies previous U.S. Supreme Court precedent.
Gun control advocate John Schmidt with G-PAC said in a statement
McGlynn’s analysis is wrong.
“It is directly contrary to the prior decisions of two Chicago federal
judges, Judge Virginia Kendall and Judge Lindsay Jenkins, both of whom
found the new statute ‘constitutionally sound’ and declined relief,”
Schmidt said.
Jenkins on Wednesday sided with Cook County, the city of Chicago and the
state of Illinois, upholding the local gun and magazine bans as well as
the state's. Plaintiffs have appealed to the Seventh Circuit. In
February, Kendall sided with bans from Naperville and the state of
Illinois. Plaintiffs in that case have also appealed to the Seventh
Circuit. In the Naperville appeal, plaintiffs’ motion to block the law
pending appeal was denied.
Before McGlynn’s order blocking the state law was issued out of the
Southern District Friday, Hannah Hill with National Foundation for Gun
Rights said Naperville plaintiffs are now asking for the U.S. Supreme
Court to block not just the state’s ban, but Naperville’s ban while
their case continues on appeal.
“If they can prove that the law is trampling on a constitutional right,
you are creating an irreparable injury every day that unconstitutional
law is in effect,” Hill told The Center Square. “Our plaintiff, Robert
Bevis, who owns Law Weapons Supply in Naperville, is facing the loss of
his business as long as the Naperville AR-15 sale ban is in place.”
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Other local governments that have similar bans include Highland Park and
Deerfield.
Valdes said Friday’s decision from McGlynn backs up plaintiffs who say
the government can’t use objectives of public safety to restrict
constitutional rights.
“The anti-gun forces within Illinois, they were using older judicial
practices such as balancing interests, which the Supreme Court in [New
York State Rifle and Pistol Association v. Bruen] ruled doesn’t fly
anymore,” Valdes said.
The federal cases challenging the law on Second Amendment grounds are
separate from the ongoing litigation in state court. The Illinois
Supreme Court is set May 16 to hear a challenge that the law violates
equal protections by not applying to some – those in the law enforcement
and security industries – while applying to others.
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. |