|
Illinois banned the sale and possession of more than 170
semi-automatic firearms and magazines over certain capacities
during lame duck session of the Illinois General Assembly in
January 2023. Federal lawsuits were then filed against the law.
Southern District of Illinois federal Judge Stephen McGlynn gave
litigants in the consolidated case a month to file final briefs
when he wrapped up the four-day bench trial last month. He
closed out the trial in East St. Louis, questioning what would
have been different from the 1917 race riot in that city if the
Black victims were able to protect themselves with the very
firearms being debated.
“Black-owned houses were set on fire one by one as people
escaped to other houses that were burned,” he said.
Attorney William Kirk, host of the popular YouTube channel
Washington Gun Law, gave his predictions on what will happen.
“I’ll sum it up in four words. It’s going to be win, stay,
appeal, lose,” Kirk told The Center Square. “I do believe the
trial court is going to follow the law and you’re going to win
and you’re going to get an injunction and I hope the injunction
lasts a few days so at least the folks of Illinois can enjoy
some semblance of freedom.”
McGlynn previously issued a preliminary injunction against the
law in April 2023 that lasted six days before the appeals court
blocked his order after a motion on appeal by the state.
The appeals court then ruled in favor of the state on
preliminary grounds in August 2023, equating semi-automatic
firearms like the AR-15 to military firearms that can switch to
burst or full auto.
During the bench trial for final judgment in the district court
last month, litigants provided expert testimony on whether the
banned firearms are suitable for military use or for citizens to
access for self defense.
But, while the appeals court may take up the case either way
McGlynn rules, Kirk expects the challenge to Maryland’s gun ban
to be picked up by the U.S. Supreme Court first.
“It would certainly affect everyone here in Illinois and what
the Seventh Circuit should do in that situation is basically
just sit on it, wait for the [U.S. Supreme Court] to rule and
then make its ruling but it’s the Seventh Circuit so who knows,”
Kirk said. |
|
