In a recent update from Washington Gun Law TV, President William Kirk discussed the ongoing legal battles over Illinois’ “assault weapon” ban.
This ban, which Kirk has rightly called “grotesque and horrifically unconstitutional,” was the focus of a major trial last week in the Southern District of Illinois.
Kirk broke down the details of the case and shared important announcements for gun owners in Illinois.
The Legal Fight in Illinois
The trial, centered around several consolidated cases, including Barnett v. Raoul, wrapped up on September 20th.
The challenges are aimed at overturning the Protect Illinois Communities Act, which imposes an assault weapon and magazine ban.
Although the trial court dismissed some non-Second Amendment challenges, the case moved forward under a Second and Fourteenth Amendment analysis.
Kirk reassured viewers that Judge Stephen McGlynn, who previously ruled the law unconstitutional, presided over the trial.
However, the outcome may ultimately depend on the Seventh Circuit Court of Appeals, which has previously stayed McGlynn’s rulings.
What’s Next for Illinois Gun Owners?
Kirk predicted that the Illinois assault weapon ban will likely be overturned by Judge McGlynn, but cautioned that the state will likely appeal.
Based on past rulings from the Seventh Circuit, Kirk believes that any victory in the lower courts will be short-lived, with the appeals court potentially upholding the ban.
For now, Kirk advises Illinois gun owners to stay informed and prepared for a lengthy legal battle.
He also highlighted the role of the U.S. Supreme Court in potentially deciding the fate of this and other similar bans across the country.
As always, stay tuned for more updates.
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Judge McGlynn has already ruled it unconstitutional once. No reason, especially based on the questions he asked somemofnthenwitnessesnand concerns he himself raised, the odds are high he’ll rule on t unconstitutional this time as well.
The state, or should it go thru other way, then we, whichever loses, will file an appeal within 20 minutes.
From there, we all know what the 7th Circus will do. They’ll once again side with the state, stay Judge McGlynn’s ruling pending appeal. The. They’ll sit on it for who knows how long. But hopefully we’ll get another freedom week or at least get a few freedom days before they do?!
If the State appeals, it will likely request a stay pending appeal, and odds are the Circuit will grant it. A couple of years from now (or maybe only one since all of the issues have previously been briefed) the appellate court will reverse, and plaintiffs will seek review by SCOTUS. If SCOTUS does grant review–which is possible since it will be a final judgment–then it will be at least another year before a decision issues. Or if we are really lucky, the Maryland assault weapons ban will get their first and get a controlling opinion from the High Court.