Yesterday was the oral arguments on our amended motion to stop the gun registration scheme under the Protect Illinois Communities Act. We realized it was an uphill battle, but as they say in sales, “if you don’t ask, you don’t get.”
While the hearing didn’t go well for our side, we did glean all manner of information about the judge’s thought processes. That will help us learn and adjust our strategy accordingly.
Why didn’t it go well yesterday? Judge Stephen McGlynn indicated that he was not inclined to issue injunctive relief because, in his words, he thought it might cause more problems than it would solve. Along those lines, he indicated a willingness to revisit things if prosecutors did stupid things in charging people.
Judge says there is a mess, hasn’t made mind up but injunction but could make things messier. Inclined to deny motion without projiduce to allow another motion after Jan. 1. From perspective of judicial restraint, that’s likely how he will go.
— Bishop On Air (@BishopOnAir) December 12, 2023
Here are a couple of analysis pieces, including Todd Vandermyde:
Of course, we (as the Illinois Gun Rights Alliance) remain disappointed things didn’t go better. At the same time, even if we were to get injunctive relief, we have no doubt the Illinois AG would promptly appeal it to the Seventh Circuit Court of Appeals and we would likely end up in front of the same three-judge panel that affirmed the initial stay issued by Judge Frank Easterbrook. As such, any moves by Judge McGlynn would likely be neutered within hours.
Looking forward: tomorrow and beyond…
Where to from here? First of all, I see an appeal to the US Supreme Court in the cards. Some of the other plaintiffs in the other lawsuits are planning just such an appeal. We may join them in filing one of our own. I don’t know as that any final decision has been made.
I will say that our little pirate ship crew (as we informally refer to ourselves) have been busy consulting with some of the best and the brightest. We’ve formulated a three or four-part strategy of where to go from here.
At this point, we’re holding the details close to the vest for a couple of reasons, not the least of which Kwame’s staff pay attention to Guns Save Life posts. The other reason? We’re not just going through the standard motions as part of a fundraising strategy to raise money off of lawyers largely paid for by someone else.
Instead, we’ve got some creative strategies that will help not only in the short term but have long-term implications not only for Illinois but the entire nation. If you read the initial filings of the various suits, you’ll notice ours included language on protecting parts the right to repair. Nobody else tackled that. We had a few other points there.
You will see more of that sort of forward-thinking, progressive planning in our upcoming moves. I think you’ll like what you see, and hopefully you’ll even think to yourself, “hey, that’s a really good idea!” The great legal minds we’ve shared these with have liked them and believe they’re worth exploring and we plan to. In short, Kwame’s going to be busy.
You’ll also see some new verbiage in our writings… including “magazine-fed semi-automatic rifles.” You’ll find out why that’s relevant soon enough.
Thanks for reading. Keep the faith.
As for the gun registration
First off, take a deep breath. I’ll admit to having something approaching a mental health crisis a week or so ago. It’s going to be okay.
Secondly, we remind you that 99.75% of gun owners in Illinois are not complying with gun registration to date. At the rate things are going, I don’t expect Mr. Pritzker will achieve a 2% compliance rate by Dec. 31st. That is far below other states’ registration scheme compliance which has run in the 13% range typically.
Officially, on the record so you have a baseline: I have not registered, nor will I. Sometimes you have to take a stand and this is one of those times. I flirted with registering my braced guns, but given the court cases striking down the Biden attempt at rulemaking in that arena, I’ve abandoned my applications for those “free” federal tax stamps to make them short-barreled rifles. At the same time I have no banned items at my residence.
Why did I temporarily rehome select items? Well, let’s just say that they already tried to sting me by offering to donate “close to a dozen” guns to GSL’s gun buyback endeavor a few short months ago without any waiting periods or paperwork. As such, I know for certain that I’m on at least some oath-breaking LEO’s radar. (Frankly, I suspect it was the Illinois Attorney General investigators or ISP types.) If these same yahoos show up with a warrant after January 1, I want them to leave empty-handed without any guns or me. Let those bastards take the walk of shame down my driveway and back under whatever rock from which they emerged.
What’s more, I haven’t met anyone who has registered anything. But then again, there’s only 6,100-ish of the 2.4m FOID holders who have registered something. (Side question: how many of those folks registered guns that didn’t need to be registered? For example, a LOT of peeps think they have to register their handguns if they hold over 15 rounds in the standard cap magazines. Not true.)
What should YOU do about your naughty guns, accessories and ammunition?
That’s an intensely personal decision you’ll have to ponder. Cops aren’t going to show up at your house unless someone calls in a “tip” that you’ve got banned guns that you haven’t registered.
If the snitch call can identify specific banned guns you may have and where you keep them at your residence, that may be enough for a warrant. Especially if ISP running an FTIP search, and then pulling 4473s reveals that you did indeed purchase the items the informant claims you have at some point in the past.
How do you short-circuit that? Tell anyone and everyone that you’ve gotten your stuff out of the state of Illinois. More on this here.
If you do decide to keep your stuff, just leave it in the safe or in the back of a closet. Don’t take it to the range or out hunting. Don’t dryfire practice in your living room in front of the picture window with the curtains are open as the school bus is dropping off kiddos. And don’t be posting on social media or anywhere else that you’re doing anything except taking them out of state.
Want to know some additional reasons why NOT to register:
- One of Pritzker’s peeps leaked to us months ago that the Governor and his inner circle have already developed a plan to “close the existing owner loophole” following a mass casualty incident – especially if it happens in Illinois. Those who registered guns will be given a short period of time (90 days) to surrender their guns or face felony charges. In short, anything you registered can and probably will be confiscated sometime next year.
- Regardless if the confiscation happens, before then expect to see legislation requiring insurance for registered items (good luck finding that). There may also be legislation imposing some nominal fees for each item. They might even pass legislation giving police the right to show up and demand “proof of possession” of the firearms to ensure you haven’t sold them to bad actors.
- Lastly, you know how the hard left in Washington weaponized the IRS, right? Well, what happens if JB picks up the phone and says I’ve got some people who need to be randomly audited. Oh, you know it’ll be completely random that the Illinois Department of Revenue would select those with registered guns for audits. Better make sure you paid your sales tax for those online purchases in the past X many years!
Why register?
Because most of us aren’t used to living outside the law. But folks, if the bad guys running around Chicago are any indicator, they sleep just fine at night committing violent crimes upon their fellow man. You’ll get used to it.
B b b b but the Fat Prick says that thousands and thousands are registering their assault weapons.
He wouldn’t lie to us, would he?
Thousands are. About 6100 to date. Of about 2.4x million. Or .25%.
Put another way, millions AREN’T registering.
registration-nwords, proceed @ your own risk
It is not only likely 7th appeals would stay another injunction. Judge McGlynn knows if another petition for injunction is granted the process of stay and appeal begins AGAIN. This will delay a final disposition in the case particularly as 7th appeals would drag their feet on scheduling arguments. The only reason arguments took place at judicial light speed in the preliminary injunction is because 7th appeals knew Coney-Barret was watching. McGlynn said he wants to schedule oral arguments “on the merits” for January or February. Once this is complete and the statute is found unconstitutional on the merits 7th appeals can issue their reversal and the case will be out of interlocutory phase in order for the USSC to grant certiorari. The waiting sucks, at least McGlynn gets it.
With respect to registration, I agree everyone must make their own decisions. For those who choose not to do so, what is your long term plan if the SCOUS fails to grant cert or accepts the case and fails to overturn the law?