Posted on 02/18/2023 8:23:02 AM PST by rellimpank
A federal judge in Chicago has denied a motion seeking a temporary restraining order and preliminary injunction to block Illinois’ assault weapons ban and a similar ordinance in Naperville.
U.S. District Judge Virginia Kendall ruled Friday that the Illinois and Naperville bans on selling assault weapons are “constitutionally sound.”
Lawyers for the National Association for Gun Rights and Robert Bevis, who owns a gun store in Naperville, had sought the court orders in a lawsuit to stop the bans.
As is now common in such cases, they argued that it’s “impossible” for the new state gun law and a similar Naperville ordinance to meet the requirements for such laws that were set out in the landmark U.S. Supreme Court case last summer known as New York State Rifle & Pistol Association v. Bruen.
The Supreme Court ruled in that case that governments must show that gun regulations are “consistent with the nation’s historical tradition of firearm regulation.”
(Excerpt) Read more at chicago.suntimes.com ...
Another Fing idiot who ignores X v Bruen. I don’t get why the SCOTUS continues to ignore Fed judges who ignore their rulings.
Suggestion to SCOTUS: rule that any Fed judge who does not comply with SCOTUS ruling is deemed null&void — none of his decisions count and are reversed. Like finding that a police dept has been using a crappy lab to process evidence. All pending and concluded cases tied to that lab are N&V — immediately release anyone convicted.
Competence matters.
Bush appointment.
Another judge breaking the law. When will these lawless judges and henchmen be made to answer?
4 negating words in one headline make it needlessly hard to read.
Deny
Block
Ban
Restriction
When we make them answer.
Runs against Bruin. Will be appealed and overturned.
She’s already been overruled twice.
L
Another 'judge' who ignores established constitutional precedent and rules based on 'feelings'.
As I understand it, there are already TRO’S from 3 state courts and the federal district court in southern Illinois so I don’t know where this ditz judge fits in.
Never ascribe to incompetence that which could just as easily be called malice.
Always remember, neither could exist without the other.
Decades late, but late is better than never.
How people ever think that the Left ARE EVERY going to let you just have your Rights back, it’s absolutely laughable.
They will never allow the restoration of your Rights.
Without an alternative where they no longer exist.
"Federal judge denies bid to block Illinois assault weapons ban, Naperville gun restriction"
FR: Never Accept the Premise of Your Opponent’s Argument
The judge seems to be ignoring that the Constitution recognizes possible unlawful abridgment of 2nd Amendment protections by state lawmakers.
More specifically Section 1 of the 14th Amendment prohibits unreasonable abridgment of any privileges and immunities that the states have amended the constitution to expressly protect.
Excerpted from 14A:
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
In fact, the congressional record shows that when when Rep. John Bingham, the main author of Section 1, read the Bill of Rights as main examples of constitutionally enumerated privileges and immunities that 14A applies to the states, he included the 2nd Amendment.
“See 2nd Amendment (Article II) about middle of 2nd column.” — John Bingham, Appendix to the Congressional Globe
Finally, given unresolved allegations of election fraud in the 2020 and 2022 elections, it should have occurred to the judge that criminals who possibly stole the election possibly made the restrictive gun law.
Waiting for Judge Benitez to rule in the 9th Circuit, as he already tossed CA's magazine ban and AWB based on history and tradition. He was originally overturned en banc by the 9th Circus, but SCOTUS reversed and remanded.
Those only apply to the handful who filed the lawsuit originally, not the entire statr. Unfortunately.
Not the kind of "overruled" I have in mind. These judges really need to find a new line of "work".
As long as the Supreme Court accepts reasonable gun restrictions as Scalia said, the 2nd amendment is just a suggestion.
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