IL Assault Weapons Ban is Back
Update 5/8/2023 1:50 PM
Our group has filed an amicus brief in support of the Naperville appeal to the US Supreme Court. That docket is here, and the brief is here. While receiving a stay from the US Supreme Court would be very, very unusual for a case that hasn't been heard in the District (lowest) Court yet, Judge Easterbrook's ruling and those of the two Northern District Judges in denying Law Weapons' request for a restraining order stand in defiance of the direction given by the Supreme Court over the last year.
Our group will also challenge Judge Easterbrook's emergency stay, of course.
This afternoon Judge Frank Easterbrook granted the state's emergency motion for a stay of Judge McGlynn's inunction against the state's enforcement of the so-called "assault weapons" ban. In plain English, the trial judge ruled last week that we have a high likelihood of success and therefore are entitled to continue as before the ban pending his trial ruling, but then the Judge who is sitting on the appeals panel of the 7th circuit said today "nah, the ban is good, and see my previous, flawed ruling in Friedman v Highland Park."
Where we are now:
We are at January 10 but worse. We cannot buy or sell prohibited firearms or magazines. We are worse because in-process, awaiting the background check transactions are not permissible now.
What we are doing in court:
Our side will work to get this in front of Judge McGlynn and a panel of appellate court judges for an expedited appeal ASAP. We have a very strong case, and it is absurd that Judge Easterbrook, who decided the Friedman v Highland Park case in favor of Highland Park because feeling safe trumps constitutional rights, cited his own ruling in his order today. He acted against the rules of procedure in the Federal court, which direct parties to work up from the district court first. His ruling will not stand in a post-Heller and post Bruen world. He will be overturned. We will win.
What you should do:
Sit tight. There is a bunch of stuff going on behind the scenes at all levels of the state and federal courts. We will get you your guns as soon as we can, and we are working tirelessly to guard your rights.
What We Will Do With Pending Sales:
Right now, we will halt sales and transfers of banned guns and magazines. We believe it is wise to wait until next week to see how this plays out in court, so unless a buyer is unwilling to sit tight for a week, we will set the purchased firearms aside pending our court action.
If a dealer says that they will sell you a banned firearm or magazine, remember that you are exposing yourself to criminal charges. It is not worth it to expose ones self to criminal prosecution and the loss of your gun rights when we are so close to winning.
Thanks for your continued support.