HomeGunsIllinois Freedom Week Starts Today: Federal Court Blocks Enforcement of Illinois 'Assault...

Illinois Freedom Week Starts Today: Federal Court Blocks Enforcement of Illinois ‘Assault Weapons’ Ban

Published on

Weekly Newsletter

To be updated with all the latest news, offers and special announcements.

Yesterday afternoon, US District Court Judge Stephen McGlynn issued a preliminary injunction blocking enforcement of the so-called Protect Illinois Communities Act.  The injunction impacts all aspects of the law and as word quickly spread of the ruling, “Freedom Week” started almost immediately at most Land of Lincoln gun stores.

Four lawsuits had been consolidated in the Federal Southern District Court months ago, and the injunction follows oral arguments back on April 12th. Judge McGlynn didn’t fall for the State’s attempt to resurrect the “interest balancing” test on the Second Amendment in spite of the clear language that discredits that in the Supreme Court’s Bruen ruling.

As Judge McGlynn wrote . . .

As Americans, we have every reason to celebrate our rights and freedoms, especially on Independence Day. Can the senseless crimes of a relative few be so despicable to justify the infringement of the constitutional rights of law-abiding individuals in hopes that such crimes will then abate or, at least, not be as horrific? More specifically, can PICA be harmonized with the Second Amendment of the United States Constitution and with Bruen? That is the issue before this Court. The simple answer at this stage in the proceedings is “likely no.”

You can read McGlynn’s full ruling here.

Where do we go from here? The State of Illinois has already filed a motion to stay the order. Our side plans to fight that motion. While McGlynn could grant the motion quickly, we think he’ll take a few days to evaluate it and to seek a reply from our side. I serve as the Executive Director of Guns Save Life, one of the named plaintiffs in one of the suits.

The best case scenario is that Judge McGlynn sits on the motion for a stay for a few days and then denies it late in the week, pushing the inevitable appeal to the denial to the Seventh Circuit Court of Appeals. That will take another couple of days.

In the end, we’re hoping for at least five to ten days of a reprieve from the gun ban. In other words, it’s Illinois’ turn to have a “freedom week” for gun owners to stock up on magazines and buy the guns they really want for self-defense. Of course, this includes America’s favorite rifle, the AR-15, along with semi-auto shotguns and defensive handguns that utilize magazines over 15 rounds.

The Center Square has the story…

Gov. J.B. Pritzker enacted a ban on more than 170 semi-automatic firearms and magazines over certain capacities on Jan. 10. A week later, lawsuits challenging the law were filed in state and federal courts. In the Southern District federal courts, four plaintiffs groups’ cases were consolidated and heard by Judge Stephen McGlynn in East St. Louis earlier this month. 

On Friday, McGlynn granted a motion for a preliminary injunction, blocking enforcement of the law statewide.  

“Plaintiffs have satisfied their burden for a preliminary injunction,” McGlynn wrote. “They have shown irreparable harm with no adequate remedy at law, a reasonable likelihood of success on the merits, that the public interest is in favor of the relief, and the balance of harm weighs in their favor. Therefore, the Plaintiffs’ motions for preliminary injunction are GRANTED. Defendants are ENJOINED from enforcing Illinois statutes 720 ILCS 5/24-1.9(b) and (c), and 720 ILCS 5/24-1.10, along with the PICA amended provisions set forth in 735 ILCS 5/24-1(a), including subparagraphs (11), (14), (15), and (16), statewide during the pendency of this litigation until the Court can address the merits.”

Messages to Pritzker’s office, and the office of Illinois Attorney General Kwame Raoul were not immediately returned. 

As the Second Amendment Foundation wrote in their press release . . .

“This lawsuit against Illinois’ so-called assault weapons ban is one of eight Second Amendment Foundation legal challenges against unconstitutional semiautomatic gun ban laws across the country,” [SAF EVP Alan] Gottlieb added.

“There is no question that Plaintiffs are harmed by PICA,” Judge McGlynn wrote in his 29-page ruling, “and will continue to be harmed if this Court denies the motion for preliminary injunction. A constitutional right is at stake. Some Plaintiffs cannot purchase their firearm of choice, nor can they exercise their right to self-defense in the manner they choose. They are bound by the State’s limitations.”

Later in his decision, Judge McGlynn added, “In no way does this Court minimize the damage caused when a firearm is used for an unlawful purpose; however, this Court must be mindful of the rights guaranteed by the Constitution. While PICA was purportedly enacted in response to the Highland Park shooting, it does not appear that the legislature considered an individual’s right under the Second Amendment nor Supreme Court precedent.”

“There is some remarkably strong language in Judge McGlynn’s ruling supporting the right to keep and bear arms,” SAF Executive Director Adam Kraut observed. “The Illinois statute is harmful to all plaintiffs in this case, and we are delighted the judge handed down this ruling in such a prompt manner. We can now move forward.”

Read the full article here

Latest articles

Confirmed: Sub-$25,000 Jeep Renegade EV Coming in 2027

EV sales growth has slowed sharply in recent months, and pricing is a critical...

Colorado Gun Control Group Rescinds Endorsement After Candidate’s Tweets Resurface

Just weeks before Colorado's primary on June 25th, one of the state's biggest gun...

POTD: Korps Mariniers In Old Soviet Union Army Base

Posted in MIL/LE, Photo Of The Day, Training with No CommentsTags: Colt Canada,...

More like this

19 Strange Survival Items You Should Stockpile

Stockpiling is pretty much the beginning and ending of prepping. I say that because...

The 12 Most Fuel-Efficient 2024 4×4 SUVs

Thanks to hybrid, diesel, and even fully electric power, driving a real SUV doesn’t...

Delaware Town Penalizes Gun Stores Because One Got Robbed

Gun sores are always going to be targets for thieves. After all, guns are...

The Ultimate Guide to Overland Events in North America

While its roots can be traced back to Prescott, Ariz., and the first Overland...