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Gun lobby, stores file federal challenge to assault weapons ban, arguing it violates ‘right to keep and bear common arms’
Chicago S-T ^ | 18 jan 2023 | Tina Sfondeles and Jon Seidel

Posted on 01/18/2023 2:49:19 PM PST by rellimpank

The Illinois State Rifle Association has filed a federal lawsuit challenging the state’s newly enacted assault weapons ban, saying the week-old law violates the Second Amendment “right of the people to keep and bear arms.”

Plaintiffs also include: St. Clair County resident Dane Harrel; C4 Gun Store LLC; Marengo Guns Inc.; Firearms Policy Coalition, Inc.; and the Second Amendment Foundation.

The lawsuit appears to be the first in federal court to challenge Illinois’ new weapons ban, but it is part of a burgeoning legal effort aimed at undoing the new law. Other lawsuits have been filed in state court. More are expected in federal court. It’s not clear which will gain the most traction.

A hearing took place Wednesday morning in response to a lawsuit filed in Effingham County Circuit Court that also sought a temporary restraining order, records show. A judge is expected to rule on that request by Friday afternoon.

(Excerpt) Read more at chicago.suntimes.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Illinois
KEYWORDS: banglist; guns; illinois; rkba
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1 posted on 01/18/2023 2:49:19 PM PST by rellimpank
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To: rellimpank

In light of Bruen it’s hard to see how this law passes Constitutional muster. Even the Illinois courts have to acknowledge that.

But this is Illinois, so….

L


2 posted on 01/18/2023 2:54:33 PM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: rellimpank
There are three separate lawsuits, filed by three different sets of plaintiff's in at least two different counties.

The counties that lawsuits were filed in are Second Amendment friendly. Hopefully they'll get put in front of a Second Amendment friendly judge. Chances are good there, I think.

I'd be shocked if at least one downstate judge didn't put an order in place suspending this un-Constitutional law, which should then force this through the state courts quickly.

I'm no lawyer (never played one on TV, didn't stay at a Holiday Inn last night either) and my own opinion is that Governor Fatass here in Hellinois is going to appeal this all the way up to the US Supreme Court.

3 posted on 01/18/2023 2:56:58 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Lurker
But this is Illinois, so….

Once again, you've misspelled HELLINOIS.

Just sayin'...

4 posted on 01/18/2023 2:57:36 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: usconservative

“Governor Fatass here in Hellinois is going to appeal this all the way up to the US Supreme Court”

He will lose.

L


5 posted on 01/18/2023 2:58:50 PM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: Lurker

I think none of Illinois’ restrictions, starting with the FOID card, pass constitutional muster: you can’t require a license to exercise a right. The ludicrous restrictions on where you can carry concealed will be the next to go. Maybe the ban on fully automatic rifles might standup at SCOTUS, but that’s about it.


6 posted on 01/18/2023 2:59:06 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: Lurker
Of course he'll lose, as he should.

I've been reading that the FOID and Conceal/Carry permit here in HELLINOIS are on the verge of being declared un-Constitutional as well. Have you been reading same?

7 posted on 01/18/2023 3:00:50 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: pierrem15

Joe Biden says I need an F15 fighter jet. I want it.


8 posted on 01/18/2023 3:01:19 PM PST by Dalberg-Acton
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To: Lurker

Yes, and I think the Supremes are wise to Illinois’ games with gun control laws by now. There shouldn’t be any “we’ll give you 6 months to correct this” nonsense anymore.


9 posted on 01/18/2023 3:03:30 PM PST by Boogieman
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To: rellimpank
IIRC in Caetano v Massachusetts SCOTUS ruled,among other things, that a firearm need not have existed at the time of the Founding to be protected under 2A and that a weapon needn't be suited for use by the military to be protected under 2A. I wonder if that means that SCOTUS would strike down laws like this.
10 posted on 01/18/2023 3:04:31 PM PST by Gay State Conservative (No Doubt Now: Stolen Election)
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To: usconservative

I have.

L


11 posted on 01/18/2023 3:14:00 PM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: Dalberg-Acton
Joe Biden says I need an F15 fighter jet. I want it.

☝️☝️☝️☝️☝️ Ohh! Ohh! Me too!

12 posted on 01/18/2023 3:18:06 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: rellimpank

Remember, Joe says he will use f-15s against us Americans and Eric Swalwell said he would use nukes against US citizens. That is the mindset of Democrats.


13 posted on 01/18/2023 3:19:38 PM PST by realcleanguy (quickly things are falling apart, now that the )
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To: Lurker

The current make-up of the Illinois Supreme Court is VERY liberal, with five of the seven being women; three of the seven being black.

The Constitution will not fare well here.


14 posted on 01/18/2023 3:21:58 PM PST by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule. )
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To: Dalberg-Acton
Joe Biden says I need an F15 fighter jet. I want it.

Slow Joe does have a track record of giving away expensive weapons systems. Sign me up too!

15 posted on 01/18/2023 3:22:35 PM PST by Billthedrill
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To: rellimpank
8-CD1-F39-A-E93-E-4218-AA5-E-0-EEB59024-A25
16 posted on 01/18/2023 3:27:43 PM PST by dznutz
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To: rellimpank

Remove “common” and they have a solid argument that gun laws violate the 2 amendment


17 posted on 01/18/2023 3:29:30 PM PST by cableguymn
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To: Lurker

Maybe

https://freerepublic.com/focus/f-news/4124305/posts


18 posted on 01/18/2023 3:32:30 PM PST by cableguymn
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To: ought-six

But...the 7th circuit has 15 judges 10 of whom are republican!😀 Same court that forced filthynois to pass concealed carry.😀😀


19 posted on 01/18/2023 3:34:24 PM PST by Bonemaker (invictus maneo)
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To: rellimpank; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

20 posted on 01/18/2023 3:36:17 PM PST by PROCON (Sic Semper Tyrannis)
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