Illinois Launches Appeal After Federal Judge Nixes Gun, Magazine Ban

Bearing Arms ^ | 11/11/24 | Cam Edwards

[CFW]

Illinois Attorney General Kwame Raoul wasted little time in appealing Judge Stephen McGlynn's decision striking down the state's ban on so-called assault weapons and large-capacity magazines, filing notice with the Seventh Circuit Court of Appeals just hours after McGlynn's decision was released on Friday afternoon.

McGlynn stayed his decision for 30 days to allow for Raoul's appeal, so for now the prohibitions remain in effect. A three-judge panel on the Seventh Circuit previously indicated in a 2-1 decision that, in its view, the bans pass constitutional muster, but it's unclear whether that same panel will hear Raoul's appeal this time around. The 2nd Amendment Law Center also noted in an email to supporters over the weekend that one of the judges on that earlier panel has since retired, so there's a legitimate chance that the plaintiffs will prevail on appeal.

McGlynn's 168-page decision was a thorough dismantling of the state's argument that AR-15s and other semi-automatic rifles and shotguns are "like" machine guns and therefore fall beyond the Second Amendment's protections. As the 2ALC described in its email, McGlynn made it clear that there's a fundamental difference between the select-fire rifles used by the military and the tens of millions of semi-automatic rifles legally possessed by civilians, no matter how similar they are in appearance.

[CFW]

The gun-grabbing left doesn't realize it, but the reason so many of our Second Amendment rights have been restored over the past couple decades, is Democrats appealing rulings such as this. They refuse to give up and end up appealing cases all the way to SCOTUS, where that Court rules for the Second. Just a thought.

[jdt1138]

Kwame Raoul was born in Chicago to Haitian immigrant parents Dr. Janin and Marie Therese Raoul.

Raoul was appointed on November 6, 2004 to fill the state Senate vacancy caused by the resignation of his predecessor, Barack Obama.

[Ruy Dias de Bivar]

AR-15. Not much different than the Remington Model 8 made in 1905. Yet now it is bad? Remember when Miss America 1962 got to shoot an AR-15 in 1963 twenty one years before the news media declared them “scary rifles!”?
https://www.thefirearmblog.com/blog/2015/06/07/blast-from-the-past-miss-america-shooting-a-cutting-edge-rifle/

Remington Model 8. https://images.guns.com/wordpress/2012/12/model8ranger3.jpg

[Blood of Tyrants]

Expected from a government that has endless amounts of money to use to take away your rights.

[FlingWingFlyer]

Catch the criminals and lock them up and you won’t need all this needless “gun control”, Idiots!

[CFW]

AR-15. Not much different than the Remington Model 8 made in 1905. Yet now it is bad? Remember when Miss America 1962 got to shoot an AR-15 in 1963 twenty one years before the news media declared them “scary rifles!”?

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The Democrats and their media have convinced their voters that AR15’s are large automatic rifles that are only used in war. It’s hard to talk someone out of a position that they weren’t reasoned into in the first place.

Idiot Biden said “just get a shotgun”. I doubt he has every shot one or he wouldn’t say that.

I’m an “older lady”. I’m 5ft tall and weigh 125. I can certainly handle an AR15 better than I can a 12 ga shotgun. The AR is lighter and has less recoil. It’s a perfect weapon for someone my size if I need a firearm for use in something like an advancing “mob”.

Remember when some anti-gun nut or politician said he had shot an AR15 and his shoulder hurt due to the recoil and the noise was deafening? That person has never shot an AR or likely a firearm of any type.

[libertylover]

A three-judge panel on the Seventh Circuit previously indicated in a 2-1 decision that, in its view, the bans pass constitutional muster,

Amazing me to that the words "shall not be infringed" is so hard for some to understand.

[CFW]

Catch the criminals and lock them up and you won’t need all this needless “gun control”, Idiots!

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What a novel idea. Why hasn’t someone thought of trying such a thing. On a trial basis only of course. LOL!

I believe it was Steven Crowder who was at an event pretending to be an anti-gun supporter with a table full of firearms and asking passers-by which guns they thought should be banned. Everyone (with the exception of only a couple) who responded picked the scary black guns to ban. I think all picked an AR-15 to ban over the very innocent looking M44. LOL!

(After writing that comment above, I went looking for the video. I was right. It was Steven Crowder. It’s still amusing. Here is the link:
https://www.youtube.com/watch?v=SqJ_4YhYMhE)

[NorthMountain]

Remember when some anti-gun nut or politician said he had shot an AR15 and his shoulder hurt due to the recoil and the noise was deafening?

That was a "journalist" by the name of Kuntzman.

I will refrain from making jokes about his name.

And then there's Reprehensible Sheila Jackass Lee, who says the AR-15 is "as heavy as ten boxes you might be moving", whatever that means.

[MileHi]

that AR-15s and other semi-automatic rifles and shotguns are "like" machine guns and therefore fall beyond the Second Amendment's protections.

Before we get to the question of whether semi-automatic rifles and shotguns are "like" machine guns, let's address the question of how "machine guns" fall beyond the Second Amendment's protections.

[FlingWingFlyer]

Thanks watched the video. The trouble is, most idiots don’t know a dang thing about guns. Everything is an assault rifle except pistols that are all Glocks. Geez.

[pierrem15]

McGlynn has hung the appeals court on its own petard. That court agreed with the state’s ’weapons of war’ test, which is just another means test already banned by Heller and Bruen. That is a matter of law now in that circuit. So McGlynn ruled as the trial court that as a matter of fact, semi-auto weapons are not weapons of war because they lack select and auto fire. Technically, the appeals courts are not supposed to decide matters of fact.

My guess is they will overturn McGlynn’s decision anyway but expose their dishonesty even more and make it ripe for SCOTUS to intervene.

[Ancesthntr]

“A three-judge panel on the Seventh Circuit previously indicated in a 2-1 decision that, in its view, the bans pass constitutional muster, but it’s unclear whether that same panel will hear Raoul’s appeal this time around.”

Next sentence: “The 2nd Amendment Law Center also noted in an email to supporters over the weekend that one of the judges on that earlier panel has since retired, so there’s a legitimate chance that the plaintiffs will prevail on appeal.”
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If one of the judges retired (which anti-gun Kathy Wood did, thankfully), then it is physically impossible to have the same 3-judge panel. What is “unclear” about that? We really have to teach logic in our schools again.