Posted on 04/28/2023 2:33:02 PM PDT by CFW
A federal judge in Illinois has granted a temporary injunction blocking the enforcement of a gun law which bans some semiautomatic rifles as well as high-capacity magazines.
United States District Court for the Southern District of Illinois judge Stephen Patrick McGlynn issued the ruling Friday afternoon, stating that the court "must be mindful of the rights guaranteed by the Constitution."
The ban, signed by Democratic Illinois Governor J.B. Pritzker in January, includes penalties for individuals who, "Carries or possesses… Manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle."
(Excerpt) Read more at foxnews.com ...
Standard capacity magazines
Ooops. I left off the judge’s full name in my comment. It should be “Judge Stephen Patrick McGlynn”.
Halleluiah! I’m a law abiding citizen again. Well, except maybe for the pistol brace thing.
“Halleluiah! I’m a law abiding citizen again.”
Congratulations! No matter how fleeting it may be.
Can Washington state residents join the injunction?
If you read it I have to say the judge’s argument was pretty solid. We shall see.
Another gun law. *sigh*
The above is the link to Cam Edwards article on the ruling.
“McGlynn is well aware that two other district judges in Illinois have recently declined to issue injunctions, ruling instead that the new bans are most likely constitutional under the theory that AR-15s and other semi-automatic rifles are “unusually dangerous” and that the bans are a response to an “unprecedented change” in society; namely acts of mass shootings. The Seventh Circuit is the next stop for the state’s gun ban, and McGlynn provided the appellate court judges with a well-reasoned and thoughtful argument in favor of the injunction, starting with the state’s argument that “non-essential accessories” like magazines that can hold more than 15 rounds fall outside the scope of the Second Amendment.”
Rimfire exemption?
Further from Cam Edwards’ article I linked in my above comment (which I highly recommend reading for more in-depth discussion of the decision):
“Michel added, “sadly, many judges do not have that understanding and so fall for the government’s misrepresentations about firearms technology. But in this case, the judge understood the facts and faithfully applied the law set forth by the Supreme Court in its Heller and Bruen decisions. Now we have to hold on to the win in the Seventh Circuit because the state will undoubtably appeal.”
No doubt, but Glynn’s order says that “Defendants are ENJOINED from enforcing Illinois statutes 720 ILCS 5/24-1.9(b) and (c), and 720 ILCS 5/24-1.10, along with the PICA amended provisions set forth in 735 ILCS 5/24-1(a), including subparagraphs (11), (14), (15), and (16), statewide during the pendency of this litigation until the Court can address the merits”, and so far hasn’t issued any order staying the injunction to give the state time to appeal. We’ll see if this turns into a “Freedom Weekend” (or longer) at many gun shops across the state, but it’s definitely a good Friday for Illinois gun owners.”
I’m not an expert.
here’s the list
Does it say anything about whether this judge's life insurance policy is up to date?
A southern Illinois judge! You can bet that man is packing.
A U.S. District Court Judge is not bound by any decision of another U.S. District Court Judge.
Hey - Here’s the Real Meat. Last paragraph.
The Honorable Stephen P. McGlynn slammed a sledgehammer down on the defendants collective cranks.
My jaw about hit the floor....
*****************************************************
The Court recognizes that the issues with which it is confronted are highly contentious and provoke strong emotions. Again, the Court’s ruling today is not a final resolution of the merits of the cases. Nothing in this order prevents the State from confronting firearm-related violence. There is a wide array of civil and criminal laws that permit the commitment and prosecution of those who use or may use firearms to commit crimes. Law enforcement and prosecutors should take their obligations to enforce these laws seriously. Families and the public at large should report concerning behavior. Judges should exercise their prudent judgment in committing individuals that pose a threat to the public and imposing sentences that punish, not just lightly inconvenience, those guilty of firearm-related crimes.
interesting... thanks for that...
“Halleluiah! I’m a law abiding citizen again.”
Congratulations! No matter how fleeting it may be.
= = =
Check again when you wake up tomorrow morning.
Apparently, Illinois residents are taking advantage of the injunction and are doing what most American’s do when their 2nd Amendment rights are threatened.
They are buying more guns!
“Illinois gun shops see surge in sales after federal judge placed injunction on firearm ban”
“A recent federal ruling by the U.S. District Court for the Southern District of Illinois on a gun law had a massive impact on local gun sales, shop owners reported on Saturday.
[snip]
“Within 15 minutes, we had people coming in,” said Roger Krahl, owner of RGuns in Carpentersville. “There was a line outside the door before I could open up this morning. There will be no lunch today because we’ll be going nonstop.”
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