Robert Bevis, owner of Law Weapons in Naperville, didn’t take the word-salad decision by a federal court judge sitting down.  In his challenge to the Naperville ban on the sales of America’s favorite rifle and other popular self-defense firearms and the magazines that feed them, a federal judge ruled against him.  But then again, U.S. District Judge Virginia Kendall has a long history of getting reversed by the Seventh Circuit Court of Appeals on every major gun case she’s decided…

Bevis has chosen to go ahead an appeal the loss directly to the Seventh Circuit Court of Appeals.  The same appeals court that a few short months ago, in oral arguments for another Second Amendment case, the chief justice said something to the effect that the Bruen decision has taken the Second Amendment from a second-class right to a SUPERCHARGED right.  Another member of the same appeals court said that Bruen completely resent the playing field for evaluating 2A cases.

In other words, Kwame’s got lots of reason to have a rag in his back pocket to wipe the sweat off his brow.

As if all that wasn’t enough, there’s the multitude of additional cases, some new, challenging Prizker’s new gun ban from various angles of atteck.

The Cook County Record, a news blog that covers Illinois court news, has the latest.  It’s a long, but comprehensive report, written fairly well down the middle.  Translation:  We can’t reprint the whole thing and you should go read it.  But here’s a teaser:

Gunowners across Illinois and state officials like Gov. JB Pritzker are awaiting a ruling from a federal judge in East St. Louis on the question of whether the state can move forward with enforcement of its ban on so-called assault weapons.

In the meantime, opponents of the law are also taking the fight to a federal appeals court, filing briefs in advance of one of the next key legal battles over the fate of the sweeping ban on the sale of many of the most common firearms in circulation – a law that the southern Illinois federal judge openly worried could quickly turn many otherwise law-abiding citizens in Illinois into felons.

The list of those filing arguments before the U.S. Seventh Circuit Court of Appeals in Chicago, include former U.S. Solicitor General Paul Clement and his law partner Erin Murphy, who together were on the winning legal team that secured the most recent big win in favor of Second Amendment rights before the U.S. Supreme Court.

The filings come as the Seventh Circuit prepares to hear arguments in an appeal brought by a Naperville gun store owner, asking the federal appeals court to toss out a decision from a Chicago federal judge in favor of the “assault weapons” ban.

In March, Robert Bevis and his shop, Law Weapons & Supply, along with the National Association for Gun Rights, filed a motion asking the Seventh Circuit to slap an injunction on the state, forbidding police and other state agencies from enforcing the ban on a long list of semiautomatic firearms, which the state has labeled dangerous “assault weapons” and the so-called  “large capacity” ammunition magazines those firearms use.

The law, known as the Protect Illinois Communities Act, was enacted by Pritzker and his Democratic supermajority in the Illinois General Assembly in January. The law generally prohibits Illinois residents and store owners from selling the prohibited firearms and accessories, and requires Illinois residents who currently own the otherwise-prohibited weapons to register them with the Illinois State Police.

Illinoisans who don’t comply with the law could face fines or imprisonment.

A number of lawsuits have been filed in response, asking federal or state judges to declare the law violates the U.S. Constitution and the Illinois state constitution.

Really.  Go read the whole thing.




4 thoughts on “Battle over IL gun ban expanding, already at Seventh Circuit Court of Appeals…”
  1. Judge Dimwit will be reversed on appeal, as she has been on several other prominent gun cases. A pattern has formed here in Illinois that is common among the States’ pleadings – they are attempting to completely ignore Bruen and apply the public safety balancing test in every instance. This will not prevail in Federal court. The state has not made a defensible argument in any of these Federal cases. They will probably prevail at the Illinois Supreme Court, but that will also be challenged in Federal Court. Yesterday, Pritzker’s two purchased judges refused to even hear arguments on recusal. This virtually guarantees that should they rule against the Caulkins lawsuit, it will be appealed in Federal court under Caperton v. Massey. This case reversed a WV Supreme Court decision under the appearance of conflict of interest, when a judge refused to recuse under similar circumstances. SCOTUS ruled that no actual bias even needed to be proved, that the appearance of impropriety is sufficient to warrant recusal.

    Judge Wordsalad has a clear history of anti-gun bias, and attempting to legislate from the bench. We knew that we would hit at least one bad judge along the way, and she is it. This will soon be rectified.

    1. I am pretty sure you’re right but there’s always the chance they could screw up.

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