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Federal Judge Issues Injunction Against Gun Ban, Citing Second Amendment
AmmoLand ^ | May 1, 2023 | Dean Weingarten

Posted on 05/03/2023 12:39:58 PM PDT by marktwain

U.S.A. — In the United States District Court for the Southern District of Illinois, in the Seventh Circuit Court of Appeals, Federal Judge Stephen P. McGlynn has issued a well-reasoned and argued opinion covering several challenges to the “Protect Illinois Communities Act” (PICA). The opinion puts in place a temporary injunction against the enforcement of PICA.

PICA bans the ownership of over 190 models of firearms and criminalizes the possession of magazines that hold over 10 rounds, among other things. Judge McGlynn filed the opinion on April 28, 2023. The opinion is straightforward. In the fifth paragraph, after describing the events leading up to the passage of PICA, Judge McGlynn expounds on the rights Americans enjoy, which are protected by the United States Constitution. From the opinion:

As Americans, we have every reason to celebrate our rights and freedoms, especially on Independence Day. Can the senseless crimes of a relative few be so despicable to justify the infringement of the constitutional rights of law-abiding individuals in hopes that such crimes will then abate or, at least, not be as horrific? More specifically, can PICA be harmonized with the Second Amendment of the United States Constitution and with Bruen? That is the issue before this Court. The simple answer at this stage in the proceedings is “likely no.” The Supreme Court in Bruen and Heller held that citizens have a constitutional right to own and possess firearms and may use them for self-defense. PICA seems to be written in spite of the clear directives in Bruen and Heller, not in conformity with them. Whether well-intentioned, brilliant, or arrogant, no state may enact a law that denies its citizens rights that the Constitution guarantees them. Even legislation that may enjoy the support of a majority of its citizens must fail if it violates the constitutional rights of fellow citizens. For the reasons fully set out below, the overly broad reach of PICA commands that the injunctive relief requested by Plaintiffs be granted.

Judge McGlynn expounds on the immediate harm to the plaintiffs. He explains any denial of Constitutionally protected rights is an immediate harm. Even so, Judge Stephen P. McGlynn, argues (arguendo, “for the sake of the argument”), there are other, obvious, immediate harms. Plaintiffs may not purchase firearms or magazines they desire. Plaintiffs may not sell existing inventory.


TOPICS:
KEYWORDS: 2a; 55to41; banglist; il; sdillinois; secondamendment; stephenpmcglynn; trumpjudge
Judge McGlynn has read and understands the Second Amendment and the Bruen decision. He is doing his job. He was appointed by President Trump and confirmed in September of 2020.
1 posted on 05/03/2023 12:39:58 PM PDT by marktwain
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To: marktwain

There is hope for America!


2 posted on 05/03/2023 12:52:37 PM PDT by MeganC (There is nothing feminine about feminism. )
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To: marktwain
laintiffs may not purchase firearms or magazines they desire. Plaintiffs may not sell existing inventory.

Pluck em. Do it anyhow.

3 posted on 05/03/2023 12:56:08 PM PDT by dware (Americans prefer peaceful slavery over dangerous freedom)
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To: marktwain

Excellent: PICA (Protect Illinois Communities Act) is refuted by ELITE (Every Liberal in Illinois is Temporarily Enjoined), thanks to this clear-headed judge.

(Old people who used typewriters will see what I did there).


4 posted on 05/03/2023 1:06:13 PM PDT by alancarp (George Orwell was an optimist.)
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To: marktwain

I am assuming that the judge is a gun owner. He rightly points out that banned pistol braces and flash suppressors are actually helpful for law-abiding citizens to use.


5 posted on 05/03/2023 1:07:34 PM PDT by Lmo56 (If y ...a wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: dware

He threw all that out saying it causes citizens ‘harm’s. He’s right.


6 posted on 05/03/2023 1:09:47 PM PDT by Bullish (Either we don't see it coming or they don't... But somebody's got it coming.)
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To: marktwain

.


7 posted on 05/03/2023 1:09:59 PM PDT by sauropod (“If they don’t believe our lies, well, that’s just conspiracy theorist stuff, there.”)
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To: MeganC

nope. when the libs lose they will just pass another law to slowly work it’s way through the courts.

lawfair will never stop until they win.


8 posted on 05/03/2023 1:13:38 PM PDT by cableguymn
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To: Bullish
He’s right.

He's 100% correct on stopping the law while litigation is pursued. He's 100% wrong on keeping law abiding citizens from purchasing regulation magazines to buying/selling currently owned firearms, thus rendering their 2A rights useless.

9 posted on 05/03/2023 1:35:47 PM PDT by dware (Americans prefer peaceful slavery over dangerous freedom)
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To: dware
From the opinion page 18:

This Court agrees that magazines are “arms” as used in the plain text of the Second Amendment.

10 posted on 05/03/2023 1:45:27 PM PDT by marktwain
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To: marktwain

I see. My bad. My apologies. I read it completely wrong. I was reading that, in addition to placing the moratorium on the law, he also placed limits on the Plaintiffs. That is entirely not the case and I read the article completely wrong.


11 posted on 05/03/2023 2:04:49 PM PDT by dware (Americans prefer peaceful slavery over dangerous freedom)
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To: dware
Not a problem. These cases have been all over, and the details are excruciatingly important.

Nice to see you are paying attention.

We all make mistakes, except those who do nothing. They make the biggest mistake of all.

12 posted on 05/03/2023 2:31:48 PM PDT by marktwain
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To: dware

I thought it said he threw all that out too. No?

I’m not that bad at comprehension, but that article was written rather confusing.


13 posted on 05/03/2023 2:34:37 PM PDT by Bullish (Either we don't see it coming or they don't... But somebody's got it coming.)
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To: marktwain

So would this hold for Washington State as well? Inslee signed a similar ban that on the surface appeared to violate the Bruen ruling, not that he cares what the U.S. Constitution says . . .


14 posted on 05/03/2023 3:42:51 PM PDT by MCSETots
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To: MCSETots

https://www.youtube.com/watch?v=cS5GNAkemaI

Above is a gun law attorney from WA state that has been doing lots of videos lately about what is happening. This video talks about this court review and how it will impact other state’s laws regarding gun rights.


15 posted on 05/03/2023 3:54:11 PM PDT by 21twelve (Ever Vigilant. Never Fearful.)
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To: marktwain

Thanks, marktwain! Very informative. Good news.


16 posted on 05/03/2023 5:10:09 PM PDT by familyop ("For they that sleep with dogs, shall rise with fleas" (John Webster, "The White Devil" 1612).)
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