Poor Kwame. He doesn’t know which direction to go with all the lawsuits challenging Illinois gun control schemes. One should be a priority for him to get semi-competent staff to (attempt to) defend: Macon County. This afternoon.
For those of us under the mistaken impression that Caulkins had a fast-track to the Illinois Supreme Court – and that he had a hearing today in front of the IL Supreme Court – well, we were wrong.
Today’s hearing in Decatur in the Macon County gun ban challenge – the case that Tom DeVore unsuccessfully tried to have consolidated with his three cases – is not about the IL Supreme Court. Not directly.
Today’s hearing in front of Judge Rodney Forbes is about a state-wide permanent injunction blocking enforcement of the new law.
What’s more, there is ample court precedent that this Macon County judge could issue said injunction and that it would have jurisdiction over all 102 counties. And unless it was overturned by a higher court, it would stand.
Obviously, if the order was granted, it would be a HIGH PRIORITY for the IL AG to have it overturned… in the meantime, it might allow stores to sell existing inventories and more – and for the little people to buy guns, mags, and parts as they desired.
Not only that, but the decision could be issued in court today, I’m told.
The hearing is set for 1:30pm today.
Other news of note: The Illinois Supreme Court just release some new rules about client fees. I’ve texted Tom for his take on the new rulemaking (which can be found here…) He replied, saying it changes nothing related to his suits.
A check of the Sixth Judicial Circuit calendar does show a status hearing in front of Judge Forbes at 1:30pm today.
https://www.judici.com/courts/cases/case_information.jsp?court=IL058015J&ocl=IL058015J,2023CH3,IL058015JL2023CH3P1
If I read the information about the district courts correctly from the Illinois courts website, a circuit court CAN issue a statewide ruling that would be binding on all other circuit courts unless overturned by the Appellate or Supreme court. I have no idea if this will happen today, but if it does the State would have to appeal first to the Fifth Appellate Court (I think). I don’t think they can skip directly to the ISC.
Right now many retailers even outside the state are not willing to accept the piecemeal TROs, and will only sell to Illinois residents IF a statewide TRO is issued. I contacted an Illinois manufacturer of ‘banned’ rifles yesterday, looking for some hard to find magazines for their rifles, and was refused sale even with the TRO in place. I was told that until there is a statewide order, their lawyers have advised them not to risk any sales even with a valid TRO like Macon County in hand.
Keep your fingers crossed everyone.
I concur.
Thanks for the update Mr Boch.
I would guess the new rules don’t affect what Devore is charging, since they don’t go into effect until 07/01/23. We should have a statewide TRO long before that.