The US Seventh Circuit Court of Appeals declined to reverse a Northern District of Illinois federal judge and issue preliminary injunctive relief blocking the new Illinois Firearm Ban Act. Ironically, this is the second “win” of sorts for Illinois Attorney General Kwame Raoul – and neither of them came as a result of his legal team’s appearances.
From the Cook County Record:
A federal appeals panel has, for now, turned aside an attempt by a Naperville gun shop owner and others to block enforcement of Illinois’ law banning so-called “assault weapons.”
The order from the U.S. Seventh Circuit Court of Appeals leaves in place a Chicago federal district judge’s ruling that the Second Amendment’s right to keep and bear arms does not extend to the ownership, sale and use of weapons that the state may classify as particularly “dangerous,” even if those weapons are commonly owned and used by millions of people for lawful purposes.
The order offered no explanation from the court for its decision to deny a request for an injunction pending resolution of an appeal from Naperville gun shop owner Robert Bevis and others challenging the Illinois gun ban law, nor did the order indicate which judges had considered the motion.
Here’s my completely off-the-wall though on this: The Seventh Circuit can read the writing on the wall in the Southern District of Illinois of Stephen McGlynn. They’re probably relatively certain that he will issue a preliminary injunction if it’s warranted – and he’s likely to make a determination on that any day now.
What’s more, if he does give that relief, the problem is solved with zero interference in the District Court’s decisions.
If McGlynn rules against the injunction, they will get a second bite at this apple.
In short, don’t panic. Practice your deep breathing relaxation techniques.
Man, I really hope you’re right. It seemed really easy for the appeals court to have ruled in Law Weapons favor. Two wins for Kwame Da Fool plus their refusal to observe the Macon county ruling makes me think that there’s more judges out there that have been bought and paid for than we know.
Lot more people to leave this state.. plus1 here. Arizona and New Mexico looking better every day
Forget Arizona and New Mexico – both have the stench of California communism all over them. Arizona has some of the most corrupt elections in the US every election cycle – there are always shenanigans there.
We are running out of states to move to – the liberal locusts are destroying the entire country, even in states that used to be safe. Where they come, death and misery soon follow.
This is my fear, that the anti-gunners will simply ignore Bruen, and just keep on trucking. Notice the decision in this case had no reasoning behind it. In their mind banning guns is just morally right and no amount of facts or law will change their mind. They are intellectually and morally superior to these heathens who they view with disgust. Their view is a religious certainty that makes the Puritans look like pikers.
I believe J. Boch’s take on this ruling is correct. If you read Judge Kendall’s decision the lack of respect for current precedent is clear. Considering what ‘we’ know about the 12th’s hearing, and the performance of the AG’s attorney, I would agree the 7th Circuit Appeals can see where the decision of Judge McGlynn is leaning. I am certain the 7th Circuit Appeals judges know more than ‘we’. In the worst case the State of Illinois will not win their arguments in the USSC.
I agree with Mr. Boch that the Seventh is waiting to see what Judge McGlynn will do. One very telling thing is that they gave no explanation and didn’t say what judges were in on the opinion. It could be a very good sign that McGlynn will side with us and they pretty much know it.
Something similar ( as far as courts waiting to see what happens ) is going on in Commiefornia / the Ninth circuit. Judge Benitez is sitting quietly and NOT ruling yet on Commiefornias gun ban and it seems like he’s waiting for Washington state to sign its so called everything ban in the next day or 2. That’s because after they sign he can slap down both states with one ruling. God bless the Washington state patriots because the mess they will have is worse than ours.
Bill – I have seen similar commentary regarding Washington’s Dem Gov Inslee. April 20 (tomorrow) is the 24th anniversary of the Columbine school shooting. What better way for Inslee to “honor” the victims, than sign a comprehensive gun control bill into Washington State law (if it manages to get to his desk in time). I am hoping Saint Benitez is just waiting for Washington’s law to drop to trigger his ruling, not some other complication.
I am betting that since this court only refused to reverse and apply the injunction, and not uphold the law itself, that they are deferring to the Southern District to see what McGlynn does. As I read this lawsuit, it is very limited in scope, even more than the State TROs under Caulkins and Devore. The wind is at our backs, and the law is on our side, despite this refusal of the Seventh to involve itself at this time. The law cannot stand under Bruen by any reasonable test of the SCOTUS decision.
So does anyone know what would happen if the lower courts out righ said we are not going to support the bruen decision???
In your scenario SCOTUS could rule the noncompliance constitutes contempt, an order removing the offending parties could be issued.
I have also considered moving to a free state, but someone has to stand and fight. This is our line in the sand. If we give up, there will eventually be no place for us or our children to retreat to. We will prevail.
Ultimately, this will be resolved by SCOTUS. The District Court and Appellate Court will be at odds in definite appeal by IL. Either it makes an appearance in DC, or SCOTUS sends it back telling Appellate Court they’ve got it wrong. It’s a race to SCOTUS with a couple other states. Who will decide our fate?