If district judge enjoins gun ban, Illinois asks for limited injunction, stay pending appeal

[October 22, 2024]   By Greg Bishop | The Center Square

(The Center Square) – The state of Illinois as defendants in the lawsuits challenging Illinois’ gun and magazine ban has filed its proposed findings of fact and conclusions of law.  

Semi-automatic firearms behind a locked cabinet at a retailer in Springfield, Illinois, with a note to who can purchase such weapons - Greg Bishop / The Center Square

Illinois enacted a ban on the sale and possession of more than 170 semi-automatic firearms and magazines over certain capacities in January 2023. Lawsuits were filed in federal court, alleging the law violated the Second Amendment by banning commonly owned firearms.

In late April 2023, Southern District of Illinois federal Judge Stephen McGlynn issued a preliminary injunction against the law. That blocked the law from being enforced for six days, before the Seventh Circuit U.S. Court of Appeal put a stay on McGlynn’s order, holding it from being in effect.

In November 2023, the appeals court ruled the state had a likelihood of advancing on the merits. Two of the judges on the three-judge panel argued the firearms Illinois banned were too similar to military-grade firearms and could be prohibited.

The merits of the case were debated during a four day bench trial in an East St. Louis district court last month. McGlynn gave litigants 30 days to file their final briefs in the case now on final judgment.

Attorneys representing defendants Illinois State Police Director Brendan Kelly, Gov. J.B. Pritzker and Attorney General Kwame Raoul filed 3,585 pages of exhibits and arguments Monday.

Among the state's closing arguments are that restricted items “were designed for military combat,” “far exceeds what is commonly used for self-defense” and the law “responds to unprecedented societal concerns.”

“Plaintiffs are not entitled to a permanent injunction because they have not prevailed on their claims,” one filing from the state says. “If the Court disagrees, however, any injunction it enters must be limited in scope and should be stayed pending review by appellate courts.”

Plaintiffs argue the law violates the Second Amendment right to keep and bear arms and runs afoul of precedent set by the U.S. Supreme Court that any law restricting access to firearms must fit in the text, history and tradition of the Second Amendment.

Final briefs from the plaintiffs had not been filed as of 3 p.m. Monday.

McGlynn is expected to issue a ruling in the case soon.