Illinois files notice of appeal after district court strikes down gun ban

[November 12, 2024]  By Greg Bishop | The Center Square

(The Center Square) – Attorneys for the state of Illinois filed a notice of appeal with the federal district court that found the state’s gun and magazine ban violates the U.S. Constitution.

Illinois banned the sale and possession of more than 170 semi-automatic firearms and magazines over certain capacities in January 2023. Consolidated cases challenging the ban were heard during a bench trial in East St. Louis in September.

Southern District of Illinois federal Judge Stephen McGlynn said in his ruling Friday that the ban is “an affront to the Second Amendment and must be enjoined.”

He issued a permanent injunction against the law but held that from taking effect for 30 days.

Dan Eldridge with Federal Firearms Licensees of Illinois, one of the plaintiffs groups in the consolidated case, said all eyes are now on how the appeals court reacts.

“And right now the existing panel is split 50-50,” Eldridge told The Center Square.

The previous appeals court panel that handled the preliminary injunction McGlynn issued in this case in April 2023 was split 2-1 in saying the state had a likelihood of advancing on the merits.

One of the appeals judges in the majority on the previous panel, Diane Wood, has retired since their preliminary ruling. It’s unclear with the case now decided on final judgment in the district court if there will be an entirely new panel or if another appeals judge would be assigned to the existing panel of Easterbrook and Judge Michael Brennan.

“Also, Judge [Frank] Easterbrook left open the door for being convinced that an AR-15 is not the same thing as an M4 or an M16,” Eldrige said. “And I think we did that and I think Judge McGlynn made a powerful, a powerful argument that that’s a nonsensical standard.”

To the argument that modern semi-automatic firearms available to the general public are too similar to military-issued firearms, McGlynn said that doesn’t match with precedent set by the U.S. Supreme Court or the record developed during the four-day bench trial he oversaw in September.

“Critically, the M16 and M4 are military-issue weapons subject to exact standards of military specificity and rigorous quality-insurance inspections; the AR15 by definition cannot and does not have the same standard of quality assurance,” McGlynn wrote. “Notably, M16s/M4s are designed for increased wear-and-tear and have a barrel that is capable of sustained firing without overheating.”

Eldridge, who also owns Maxon Shooter’s Supplies and Indoor Range in Des Plaines, said it’s entirely possible the appeals court sides with the plaintiffs.

The entrance of the federal court in the Southern District of Illinois in East St. Louis.
Greg Bishop / The Center Square

“Probably a better than even chance that we win in the Seventh Court of Appeals and if we win on a panel, I don’t know if the state would appeal to the Supreme Court,” Eldridge said.

A request for a full appeals court hearing known as “en banc” could be made after the case is handled by a three-judge panel.

Gun control groups expected McGlynn’s ruling.

“Judge McGlynn’s decision to again enjoin the Illinois ban on assault weapons and large capacity magazines is completely predictable. He did it before when the statute was passed in early 2023; and in remarks from the bench at the September hearing he made clear he would do it again,” said John Schmidt, G-PAC Executive Board Member.

Closing out the bench trial, McGlynn reflected on the 1917 race riots in East St. Louis and asked what would have been different if Black victims then had the types of firearms being debated in this case to be able to protect themselves. He further wrote about the issue in his order issued Friday.

"To limit civilians’ choice of arms would tip the scale in favor of the aggressors, who already will likely have various tactical advantages, including the element of surprise," the judge wrote.

McGlynn wrote in his permanent injunction that he sympathizes with those who have lost loved ones to gun violence, but “such tragedies are not an excuse to restrict the rights guaranteed to the Illinois public by the Second Amendment.”

Eldridge said McGlynn’s 168-page ruling is strong.

“In no other context do you hold the law-abiding responsible for the depraved acts of deranged individuals,” Eldridge said. “It’s as simple as that.”

The state filed a notice of appeal late Friday. Federal courts were closed Monday for Veterans Day.

“I believe the Court of Appeals will almost certainly extend the stay until the outcome of the appeal,” Schmidt said. “Nothing in McGlynn’s opinion suggests any reason to anticipate that the Court of Appeals will not again reverse his injunction.”