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Illinois Supreme Court finds state assault weapons ban constitutional
ABC7Chicago.com ^ | 08/11/2023 | Jessica D'onofrio

Posted on 08/11/2023 7:48:08 AM PDT by Bonemaker

CHICAGO (WLS) -- The Illinois Supreme Court found the state's assault weapons ban constitutional Friday, overturning a lower court decision.

Governor JB Pritzker signed an assault weapons ban earlier this year.

In the 4-3 ruling, the court found, "First, we hold the circuit court erroneously entered summary judgment for plaintiffs on their equal protection and special legislation claims. Plaintiffs are not similarly situated to the trained professionals. To the extent plaintiffs claim they possess restricted items, they are not treated differently from the grandfathered individuals. To the extent plaintiffs claim they do not possess restricted items, they are dissimilar to the grandfathered individuals, who have a reliance interest in retaining them. 82 Second, we hold that plaintiffs waived any second amendment challenge to the restrictions, as the complaint did not state a claim and plaintiffs explicitly and repeatedly disclaimed any such argument in the circuit court. Third, we hold plaintiffs' failure to cross-appeal from the denial of relief under count II bars them from renewing their three-readings claim here. For these reasons, the judgment of the circuit court of Macon County is reversed."

(Excerpt) Read more at abc7chicago.com ...


TOPICS: Chit/Chat; Local News; Miscellaneous
KEYWORDS: assault; ban; banglist; illinois; secondamendment; weapon
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To be expected...it's Illinois, the New York of the midwest. Case still pending at 7th Circuit.
1 posted on 08/11/2023 7:48:08 AM PDT by Bonemaker
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To: Bonemaker
"First, we hold the circuit court erroneously entered summary judgment for plaintiffs on their equal protection and special legislation claims. Plaintiffs are not similarly situated to the trained professionals."

Oh, I see. So now you have to be a "trained professional" to possess commonly owned/used firearms? I must have missed that clause in the 2A.

2 posted on 08/11/2023 7:53:09 AM PDT by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell>)
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To: Bonemaker

SHALL NOT BE INFRINGED.

they will be overturned but not by much... 5-4

it should be 9-0 but more likely 5-4


3 posted on 08/11/2023 7:56:11 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
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To: Bonemaker

Define “assault weapon”......


4 posted on 08/11/2023 7:57:42 AM PDT by JBW1949 (I'm really PC.....Patriotically Correct)
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To: Bonemaker

Thank god. This will finally once and for all end the cycle of violence in Chi town.


5 posted on 08/11/2023 7:58:39 AM PDT by MrRelevant
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To: Bonemaker

It’s the black robed, bass turds at the “Court” violating the Bill of Rights that’s unconstitutional.


6 posted on 08/11/2023 7:59:07 AM PDT by FlingWingFlyer ("There's no cryin' in baseball and there's no ethics in politics!" )
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To: Bonemaker

We live in a democracy.


7 posted on 08/11/2023 8:02:02 AM PDT by Brilliant
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To: Bonemaker

Thank god. This will finally once and for all end the cycle of violence in Chi town.


8 posted on 08/11/2023 8:02:17 AM PDT by MrRelevant
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To: Sicon

Exactly- the ruling is unconstitutional


9 posted on 08/11/2023 8:03:57 AM PDT by Bob434
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To: Sicon

Just court legalese to justify there douchebaggery. At least two of the “judges” were heavily financially supported by Pritzker...the fix was in from the start.


10 posted on 08/11/2023 8:07:16 AM PDT by Bonemaker (invictus maneo)
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To: Bob434

Yes consider the source


11 posted on 08/11/2023 8:18:13 AM PDT by gibsonguy
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To: Bonemaker

I have never heard of one democrat EVER wanting to take weapons from criminals, only law abiding citizens who follow the letter of the law.


12 posted on 08/11/2023 8:20:17 AM PDT by Cowgirl of Justice
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To: Bonemaker

FULL DISCLOSURE::

Dan Caulkins State Rep filed this to make a quick buck and get Gun owners to give him 200 dollars each. He Put the Money in his Campaign Coffers!!

NOW ENTER FORMER ILLINOIS ATTORNEY GENERAL CANDIDATE TOM DEVORE. The Real Lawyer. His Suit against this has real MERIT!

Of Course, he’s a Lawyer and knows what he is doing, unlike the State Rep Dan Cauklins, who had his get rich quick scheme going. Dan is a Member of the ILLINOIS FREEDOM CAUCUS.

HERE is my letter to the Leader of the FREEDOM CAUCUS:

I was thrilled to see that Illinois has a FREEDOM CAUCUS. But know my hopes have been dashed. Chris, we all make mistakes I can accept that. If we make a mistake we can publicly apologize.

In the Bible it says “ FLEE THE APPEARANCE of EVIL.” So you Don’t have to be doing ANYTHING wrong, but if on lookers see what your doing and it “Looks” evil because they don’t know the facts, it still LOOKS BAD!

With out knowing anything at first when I heard Rep. Dan Caulkins took the money he collected and put it in his Campaign coffers. IT LOOKED EVIL! Even if he was gonna do the right thing. It looked really bad and left hundreds of people to come up with their own conclusion.

The FREEDOM Caucus I expected would be meticulous and do everything with the highest integrity and above board.

I pray Dan Caukins PUBLICLY APOLIGIZES! Because that’s what Real men do. If not I pray he steps down from the
FREEDOM CAUCUS GROUP! If not You lost me already and you have not even started!!

I have attached the latest statement from Thomas Devore on the whole matter.
I don’t take Tom’ DeVore’s side, what Dan did was stupid, that is what I do agree with Tom on.

Sincerely,


13 posted on 08/11/2023 8:21:43 AM PDT by COSIllinois
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To: Bonemaker

This was a given. The federal courts will have the final say on this.


14 posted on 08/11/2023 8:24:29 AM PDT by Trump20162020
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To: FlingWingFlyer

There needs to be a way to eliminate judges who implement eventually unconstitutional rulings. The 4 judges here, upon reversal by the US Supreme Court should be immediately terminated and their retirement packages voided. If you’re in government, you are to protect Constitutional rights. If you pervert the Constitution, there must be zero reward.


15 posted on 08/11/2023 8:48:38 AM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: teeman8r

Illinois legislation will just raise the deathrate higher.


16 posted on 08/11/2023 8:50:53 AM PDT by chopperk ( )
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To: Sgt_Schultze

I’m with you all the way. First of all, we have way too many Feral “judges” and now I know why. They have to check each other and throw out the dumbass rulings made by stupid rookie and senile “judges” and the idiots from Jamaica and India.


17 posted on 08/11/2023 8:54:36 AM PDT by FlingWingFlyer ("There's no cryin' in baseball and there's no ethics in politics!" )
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To: Bonemaker

Watching.


18 posted on 08/11/2023 9:25:19 AM PDT by sauropod (I will stand for truth even if I stand alone.)
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To: JBW1949

By definition, a fully automatic weapon of 5.56 mm or larger caliber made for the military with military specifications.


19 posted on 08/11/2023 10:17:41 AM PDT by DownInFlames (P)
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To: Bonemaker

Maybe, but the Illinois Constitution does not trump the U.S. Constitution!


20 posted on 08/11/2023 10:23:27 AM PDT by libertylover (Our biggest problem, by far, is that almost all of big media is AGENDA-DRIVEN, not-truth driven.)
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