Maxon Shooters Blog

IL Assault Weapons Ban Appeals Court Timeline

IL Assault Weapons Ban Appeals Court Timeline

Here's where we are, and what our expectations are, regarding the Illinois "Assault Weapons" and magazine ban.

We won an injunction, but then lost when the court of appeals stayed enforcement of the injunction. 

  • The four cases in the Southern District Court were granted an injunction barring the State from enforcing the "Assault Weapon" and Magazine ban in late April.
  • The Northern District cases lost their arguments for a similar injunction under two judges.
  • The 7th Circuit Court of Appeals, which covers both district courts stayed (put on hold) our injunction in a very poorly reasoned order by Judge Frank Easterbrook, of the Highland Park ban case. 
  • Oral arguments will be heard on June 29 before an appeals panel of the 7th Circuit
  • We do not know, and probably will not know which judges will be on the appeals panel until shortly before the orals.

What is happening now?

  1. We are appealing Judge Easterbrook's stay on our injunction.
  2. The State has filed its brief, which was due on June 5, with the court.  There is nothing new or persuasive in this brief.
  3. Our side will file a single, consolidated rebuttal brief, due on June 19.  There will also be amici briefs (friend of the court) filed on our behalf by qualified parties in the legal, academic, commercial, and law enforcement world. 
  4. The State may file a reply brief, due on June 26.
  5. Oral arguments are scheduled for June 29.

What we expect:

  1. The defendants are burying the court in paper.  The State's reply brief alone is some 130 pages, Chicago has contributed 91 pages in it's brief, with Cook County chipping in with 117 pages in its brief.  All of the docket may be found here.
  2. We are bound by page limits (25 I believe), but this is of no importance.  Here's why:
  3. The Supreme court has taken a very dim view of the Appellate court sweeping aside, without comment or consideration, well reasoned lower court decisions based on a full record.  Further instructions by the Supreme Court dealt with the appellate court sitting on cases forever. The Supreme court called out specifically the 2nd Circuit in NY and the 3rd in NJ.
  4. The 7th Circuit appears to be very conscious of the admonishments of the other circuits.
  5. The 7th  Circuit granted us a very, very fast hearing.
  6. We may get a decision from the 7th as early as mid July - mid August.
  7. We believe we win on the merits and the law.

What You Can Do:

The process of gathering amici briefs is expensive.  We are fighting this unconstitutional act aggressively and value your continued support.  Please contribute to our efforts here. Thank you for any contribution you can make, every bit helps. 

We are currently organizing a "Meet the legal team" fundraiser after the orals on 6/29.  Attendees will get the most up-to-date status and expectations from one of the sharpest minds in the 2A law space and be able to ask questions of the legal team and plaintiffs.  

Final details are TBD, but our expectation is to be able to sell a limited number of tickets next week.  Keep an eye out for the email.