Late Thursday, the Illinois State Police took the position that the Macon County judgement is only good for the named parties in the action.  This flies in the face of the text of the final judgement issued by the Macon County judge a few weeks ago.

Here’s the new “FAQ” entry on the Illinois State Police home page.

“Does the Macon County case 2023-CH-3 completely strike down the Protect Illinois Communities Act and render it unenforceable across Illinois?”

The current Macon County judgment and any TROs entered in other actions are only applicable to the specific Plaintiffs and Defendants in those actions. More information will be forthcoming as additional rulings transpire through the state and federal courts and when the Illinois Supreme Court rules on the matter.

 

 

7 thoughts on “RED ALERT! ISP takes position that the Macon County ruling does not invalidate the Illinois Firearm Ban Act”
  1. What happens if they ignore a federal court order? Joey Biden won’t be sending in the 101st Airborne.

    1. That’s a good question. Given how our society and politics continues to polarize, I think it’s a matter of time until some brazen politicians decide that they’re going to ignore court rulings and see what happens.
      If I had to guess, I’d say probably a whole lot of nothing will happen as I don’t see police risking their pensions to remove these politicians. And gun owners are a law-abiding lot unless you *really* push them by threatening their lives or the lives of their families. So I don’t see gun owners marching on the Attorney General’s house or office.

    2. Well, didn’t JumBo ignore some court orders related to his covid fascistic orders? Nothing ever came of that. I also seem to recall Brobama ignoring one or two court orders during his regime, with no repercussions.

  2. ISP has no legal authority to interpret any law. You can bet that they were instructed by AG Kwame the Klown to ignore the ruling.

    I am finding the pace that these challenges are proceeding to be quite concerning. We are fast running out of time here. Registration of guns with ISP is fast approaching, and right now I see almost nothing happening. Our only real hope at this point is the Federal courts. Illinois was bought and paid for by Gov. Fatwad for a measly 2 million dollars.

  3. Liberals is correct. As I have posted here before, none of the state challenges ever offered permanent relief. Assume for the sake of argument that both Caulkins and DeVore prevail on all their arguments -equal protection, special legislation, and the procedural arguments. The state legislature can reintroduce the bill without the exceptions and it will be valid under the Illinois Constitution. It is critical to understand that none of the state challenges are making a “right to bear arms challenge” The Illinois Constitution provides very little protection to gun owners. The only permanent relief is through the US Supreme Court.

  4. It is scary to me that Illinois’ law abiding gun owners are in danger of becoming felons, while the real felons have a free get out of jail card with the Saf-T Act. I don’t know how many times I have been told by anti-gunners and gun owners alike, that the Government will never come and take your guns by force. This “AWB” will not be enforced in Chicago, but will be downstate. There are no consequences for the government when it disobeys the law, but very serious consequences for the rest of us.

    I thought Devores cases did address the 2A.

    1. Devore’s cases were strictly procedural (open meetings, three readings, gut and replace), and on the Equal Protection clause. The main difference between Caulkins and Devore was that Devore demanded $200 a person, and every plaintiff was named individually, and Caulkins sued on behalf of an adhoc organization (I am a member). Equal Protection will only hold up until the GA rewrites the law and strips out all the protected classes such as ‘wardens of jails’. Equal protection was the only part that plaintiff prevailed upon, because all other parts were deemed to be the unique purview of the Illinois Supreme Court and denied at the lower levels. We all know where things are going at the ISC level.

Comments are closed.