Preliminary Injunction Granted Against IL Assault Weapons Ban
Today, Judge Steven McGlynn issued a State-Wide Order granting our Preliminary Injunction against the Illinois "Assault Weapons" and Magazine ban. The purpose of a preliminary injunction is to prevent enforcement of the ban until the final hearing of the entire case.
This means ALL banned firearms and magazines under the act can be bought and sold again!
You can read the Order here.
At the bottom:
Plaintiffs have satisfied their burden for a preliminary injunction. They have shown irreparable harm with no adequate remedy at law, a reasonable likelihood of success on the merits, that the public interest is in favor of the relief, and the balance of harm weighs in their favor. Therefore, the Plaintiffs’ motions for preliminary injunction are GRANTED. 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.
We expect the defendants to appeal this injunction.
But there is no mention of the order being stayed pending appeal. Therefore, we reset the clock to January 9, 2023 statewide.
All banned firearms and magazines are again for sale. We can resume repairs and upgrades in the gunsmith shop. If we were holding your pre-purchased magazines for you, you can also come pick those up.
Will the State win a stay of this order and if so, when? That could come as early as Wednesday. The defendants will (we expect):
- Ask Judge McGlynn for a stay on Monday. Given his order, it seems unlikely they'd win. It will take him between 0 and many days to rule; best guess: 1 day. Then
- Ask the 7th Circuit Court of Appeals for a stay pending the outcome of litigation. This decision could also take between 0 and many days, best guess a day or 2.
- FFL-IL and ILGRA will be fighting these stays at every step.
So if you want to buy something, do it NOW. Illinois has a 72 hour waiting period. While the state permitted in-process transactions awaiting a background check completion to proceed back in January, there is no guarantee they'd do the same now.
The shop is open until 9 tonight, 10-9 Saturday and Sunday. You can shop online here.
We will have a deeper dive into this huge win later.