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The Seventh Circuit U.S. Court of Appeals that includes Illinois
still has the consolidated cases challenging the state’s gun and
magazine ban under review. A three judge panel heard the case
June 29.
Since then, Ninth Circuit rulings in August out of Hawaii
against butterfly knife prohibitions and in September out of
California against magazine bans have been entered. Tuesday, a
Fifth Circuit federal appeals court in Texas ruled against the
ATF’s pistol brace rule.
Gun rights advocate Todd Vandermyde said these stack up as
supplemental authority for their Illinois challenge.
“They said ‘in common use.’ They said ‘these are not dangerous …
and unusual.’ They talked about how gunsmithing is. All these
things we have been arguing, the state has been arguing the
opposite side of it,” Vandermyde told WMAY. “And we have a
federal judge that basically validated all that we put in our
lawsuit against the state of Illinois and eviscerated the state
argument.”
Plaintiffs have asked the appeals court judges to take note of
the Texas case. The state has yet to respond to that filing.
Similar notes have been filed requesting they consider the
Hawaii and California cases.
“I think that the Seventh Circuit Court of Appeals knows what
they have to do,” Vandermyde said.
Illinois Attorney General Kwame Raoul’s office filed with the
appeals court that the Ninth Circuit has already stayed the
California magazine ban decision Duncan v. Bonta, “which
conflicts with every decision addressing laws restricting
large-capacity magazines following New York State Rifle & Pistol
Ass’n v. Bruen.”
For the Hawaii butterfly knife case Teter v. Lopez, Illinois as
defendants in the Seventh Circuit said that dealt with blades.
Illinois’ law deals with firearms.
“Here, the plain-text analysis must focus on whether accessories
(large-capacity magazines) are “arms” and whether specific types
of firearms (assault weapons) fall within the plain text.
Barnett State Br. 16-17. Teter sheds no light on either
question,” Raoul’s office said in a court filing.
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