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Illinois/Pritzker Gets Smacked Down Again

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  • 1 month later...
  • 2 weeks later...

Now waiting appeal to Supreme Court.  This would most likely be a good thing.  This would knock down any other new "assault weapon" bans and registry schemes in states outside the 5th Circuit.  

46 minutes ago, ESB said:

Now waiting appeal to Supreme Court.  This would most likely be a good thing.  This would knock down any other new "assault weapon" bans and registry schemes in states outside the 5th Circuit.  

The "5th circuit court of appeals" doesn't cover Illinois.

This is a state case being appealed to the state supreme court.

22 minutes ago, b47356 said:

The "5th circuit court of appeals" doesn't cover Illinois.

This is a state case being appealed to the state supreme court.

Not sure what up with the article, but it does state that. 

I think the 7th already upheld a restraining order on the law for specific plaintiffs. 

Gotcha, I was just going by what was in the article.  If it is appealed to the State's Supreme Court does that mean that ruling would only apply to their state (ie no nationwide implications)?  Even if the basis is on federal law and Bruen?

 

12 hours ago, ESB said:

Gotcha, I was just going by what was in the article.  If it is appealed to the State's Supreme Court does that mean that ruling would only apply to their state (ie no nationwide implications)?  Even if the basis is on federal law and Bruen?

 

The issue is filed in both state and federal court. It's not officially a national issue until the 7th court has a final opinion. 

If only these traitors would be treated as traitors.  

  • 2 months later...

In the final analysis IL has no real choice because; Well those anti-gunners will soon be in for a shock as soon as the 7th Circuit Court of Appeals make a decision on the IL semi-auto law.
It's no longer about the city of Naperville because the 7th Circuit combined the state law with it, so now it becomes a state decision. If you're old enough to know what a Hobson's choice is, here it comes. If the 7th Circuit rules in favor of IL; it gets an express trip to the SCOTUS. If the 7th Circuit rules against the state, then Gov. Pritzer has 2 choices, accept the fact that his semi-auto law is unconstitutional OR take it to the SCOTUS and hope that they will find some loophole for him to keep his precious law. But it gets better because every anti-gun governor/anti-gun advocate does not want a state law made unconstitutional, because then the SCOTUS will rule and semi-autos will be made legal in every state in the union. Yippee!

  • 2 months later...
  • 2 months later...
  • 1 month later...

Wow did I get a slap in the head. Here I naively was thinking the IL gun ban was just a simple case of hating gun owners. I read the SCOTUS brief asking for certiorari for the governor's shenanigans. In brief the IL House with the IL Speaker made a fake shell of an insurance bill. It then goes to the IL Senate where the Senate President strips all the Insurance data and then added all the semi-auto gun stuff the Governor wanted into it. Of course it passes in both houses and is signed by Pritzker instantly. It also looks like 3 day time period for public notification was also shortened.

Lastly that wasn't enough for the Guv to insure his gun bill passes future court challenges. It seems 2 State Supreme Court judges left the bench. Before the 2 new candidates ran for election to those 2 seats, they gave extensive public statements that informed voters how much they were against "assault-weapons." To insure they got elected the GOV and Democratic interest groups found their way to pass on $2.5 million to the judges campaigns. Not only did they get elected but when the Gov's bill eventually hit the State Supreme Court, they were there to join the majority opinion. Needless to say they did not excuse themselves due to their incredibly biased gun statements.

Now I lived in Chicago while going to Chiro School for 4 years and I should've not been surprised by the level of Chicago politics! This is one reason that I do not believe in voting for judges. I would still rather they get appointed by the executive/legislative processes.

Microsoft Word - 44458 Sullivan cv 01.docx (supremecourt.gov)

Edited by drjjpdc
spelling

Pritzer is an anti-gun fanatic and has the political connections on his side.  The assault weapons and magazine ban was upheld by the Illinois supreme court by two judges that Pritzer donated a million dollars each to for their election campaign. The owners of those rifles are being told to register them with the state by Jan 1 2024 OR be charged with a crime and confiscation . The news is that only .02% of the owners have complied so far.  

The supreme court now has a petition to hear the case for a final decision. There is no guarantee the the court will take the case but the circumstances look like a back room deal was made. The gun ban also clearly violates the second amendment. If the supreme court takes the case, we hope that the decision will be in favor of the second amendment. I believe that it will.

  • 2 weeks later...
On 12/1/2023 at 1:04 PM, 45Doll said:

State Justices Elizabeth Rochford and Mary Kay O’Brien should have recused themselves from the case earlier this year because, he said, they had obtained donations from the Gun Violence Prevention PAC, which has called for “banning assault weapons and large-capacity magazines.”

  • 2 weeks later...

SCOTUS refused to grant an injunction, so the process continues. Appealed to the full 7th, and then it will get petitioned to SCOTUS. It sucks for those in Illinois, but actually granting the injunction would have most likely made it less likely SCOTUS would have taken up the case quickly. With similar cases in multiple courts, I think they're waiting on them to reach SCOTUS together and combine them instead of piecemeal solving this

 

Is this all just for an injunction? Meaning, has the full case even been argued at the circuit court level? Does that mean we are further away from this getting to SCOTUS?

Yes, this is for an injunction. The full 7th hasn't heard it yet, which makes it hilarious that the antis are celebrating this hard for just the denial of injunction. SCOTUS only hears about 65 cases a year now, down from 150ish, so they're going to let the other AWB, magazine and related 2A cases pile up a bit and combine them. Even the NY case just blatantly ignored or intentionally misinterpreted parts of Bruen, so they'll be clarifying for sure. 

Edit, 7th en banc denied to retry, so the appeal was filed again. The only times SCOTUS has chimed in on these cases has been those that went through the entire process, so I think that's why the initial denial. With the way courts are shitting all over Bruen, they're going to have to chime in. 7th saying AR-15's don't classify as "arms" is a joke. 

  • 3 weeks later...

Only 1.2% of FID holders reported anything, so they know they're looking at 98.8% that won't comply. They aren't going to go door to door lol. 

Just as in CA, the police departments are all posting notices that they won't enforce SB2 and their "protected spaces" bill that equals everything but streets and some sidewalks offlimits for CCW permit holders. 

 

I wonder if the declined to take it up because the plan on combining a bunch of challenges into one?  

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