Bzzt! Illinois Attorney General Kwame Raoul lost yet again Thursday when US District Court Judge Stephen McGlynn rejected the AG’s motion for more time to prepare a response to our motion for a preliminary injunction blocking enforcement of the new Illinois Firearms Ban Act.
We shared just recently that the NRA’s legal team, and apparently the ISRA’s lawyer David Sigale agreed to a 30-day extension a while back. We also shared that we’ve given our legal team specific instructions to vigorously oppose any extensions for any reason, quite frankly because a whole lot of gun shops across Illinois are hanging on by a thread right now. To say nothing of people needing to buy the best and most effective (and hottest selling) self-defense guns (now banned under this law) for legitimate self protection needs.
Thursday, our instructions paid off handsomely. We objected to the state’s motion for an extension and the judge ruled against Kwame and crew. Instead of getting another month of strangling our state’s gun stores, the state has until March 2 to submit their response.
We can’t wait to see it.
ORDER denying 31 MOTION for Extension of Time. This case is one of four with a preliminary injunction pending regarding the constitutionality of Illinois HB 5471, which is codified at 720 ILCS 5/24-1.9. Although these cases have not been consolidated, the Court wishes to keep them on a similar timetable. Additionally, the Office of the Illinois Attorney General, who recently entered in this case, represents the state defendants in the other three matters that have deadlines of February 28th, March 1st and March 2nd, respectively, so there is no hardship by denying this extension. As such, defendants shall respond to 28 First MOTION for Preliminary Injunction on or before March 2, 2023. Signed by Judge Stephen P. McGlynn on 2/16/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/16/2023)
Correcting the record…
Also, in his “Thursday Bulletin,” ISRA’s Richard Pearson wrote:
All the lawsuits that deal with the State of Illinois’ so-called “assault weapons” ban will be brought together under the ISRA lawsuit Harrel et al v Raoul et al. The due date for the Defendants to respond is March 2, 2023.
Yeah, that is not true, at least not at this time.
The cases have been coordinated and set before the same judge to help facilitate judicial economy. There’s a big difference between coordination and consolidation.
Given that three of the cases are challenging the gun and magazine bans, and “our” case the FFL-IL/GSL/GOA case challenges the gun ban and gun parts.
Todd Vandermyde weighed in with an outstanding analysis of what’s happening right now.
(The Center Square) – The state’s motion seeking a delay in its required response to a federal lawsuit challenging Illinois’ gun ban was denied Thursday.
Since Gov. J.B. Pritzker on Jan. 10 enacted the state’s ban on more than 170 semi-automatic guns and magazines of more than 10 rounds for rifles and 15 rounds for handguns, a slew of legal challenges have been filed.
In state court, four temporary restraining orders have been issued against the state from enforcing the law on named plaintiffs. Attorney Thomas DeVore, who filed three of those four cases, motioned with the Illinois Supreme Court to consolidate the cases out of Effingham, White and Macon counties.
In federal court, a Crawford County case was transferred from state court to the Southern District of Illinois. Also in the southern district are separate cases from the Illinois State Rifle Association, the National Shooting Sports Foundation and the Illinois Gun Rights Alliance.
The state has already been ordered to detail “each and every item banned” in its response to three of the federal lawsuits challenging the gun and magazine ban. That order came down Monday.