As Courts Go Back And Forth With Gun Control Rulings, Illinois Assault Weapons Ban Is Back In Effect

 May 6, 2023

Sheriff James Mendrick of DuPage County, Illinois, told “America Reports” he began protesting the ban after receiving hundreds of complaints and concerns from citizens. The gun control law signed by Illinois Governor J.B. Pritzker (D) in January, bans more than 190 styles of semiautomatic rifles.

The law, includes statutory penalties for anyone who, "Carries or possesses… Manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle."  Also under the law, those who legally possesses a weapon must register it with the Illinois State Police. Further any kit or tools that are used to increase the fire rate of a semiautomatic weapon are also banned, and the legislation includes a limit for purchases of certain magazines.

Judge Frank Easterbrook of the U.S. 7th Circuit Court of Appeals in Illinois. has put a hold on a lower court judge's ruling that had blocked the state from enforcing its strict ban on some rifles and high-capacity magazines. He effectively blocked the injunction issued Friday by District Judge Stephen Patrick McGlynn, who had said the law did not respect the Second Amendment rights of Illinois residents.

Ruling that the law not only restricted the right to self-defense, but in some cases, "completely obliterated that right by criminalizing the purchase and the sale of more than 190 ‘arms.” McGlynn, had blocked the state from enforcing the "assault weapons" ban.

So in response, literally, Easterbrook's ruling temporarily puts the gun control law back into effect. He is allowing the three federal lawsuits and a state lawsuit filed by gun owners and gun rights groups challenging it on a constitutional basis, to play out. Easterbrook’s ruling followed two decisions by federal judges in Chicago in separate lawsuits who declined to issue injunctions against the law.

Kwame Raoul, Illinois Attorney General had asked the 7th Circuit to block McGlynn's ruling, calling it "unprecedented" and pointed out that the ruling conflicts with the two other rulings issued earlier this year. Arguing that McGlynn's decision is "the only federal decision in the country" they are aware of "that enjoins restriction on assault weapons", under the Supreme Court's precedent in New York State Rifle & Pistol Ass'n, Inc., v. Bruen, were lawyers for the State.

In the Bruen case, the Supreme Court held that gun restrictions must be "consistent with the nation's historical tradition of firearm regulation." That legal precedent alone may force the high court to finally weigh in on this lower court battle.

Applauded by Democratic state Rep. Bob Morgan, who sponsored the gun control law in the State House,

Easterbrook's decision was welcomed in a Tweet that said-

"We know the fight isn’t over– the gun lobby will continue to try and block any common-sense efforts to keep assault weapons off our streets,"… "We aren’t backing down-this ruling only strengthens our resolve and confidence. Assault weapons are killing machines that have caused carnage in too many of our communities, & this law is a powerful step forward on the path to ending the devastating scourge of gun violence in IL."

-Rep. Bob Morgan (D) Illinois

However, one of the gun rights groups challenging the Illinois law, Gun Owners of America (GOA) promised to continue fighting to have the law overturned. GOA President in his statement said-

"Frustratingly, the same judge who issued the foolish opinion which was overturned by the Supreme Court in McDonald v. Chicago has once again stepped in to enforce unconstitutional gun control. This is not the last laugh, and we are fully invested in ensuring this law is defeated. GOA will continue to fight until lower courts, executives, and lawmakers at all levels fall in line with the Bruen precedent,"

-GOA Senior Vice President Erich Pratt

“The constitution shall never be prevent the people of the United States who are peaceable citizens from keeping their own arms.”

-Alexander Hamilton
Copyright 2024 Patriot Mom Digest