Things just got real for the gun grabbers behind the Illinois Firearm Ban Act. Last Monday we filed for a preliminary injunction to block enforcement of the new law. Meanwhile both the ISRA/SAF lawyer David Sigale and the NSSF/NRA legal team gave the State of Illinois a 30-day extension. We objected, but the cases have now been consolidated and the judge granted the extension and by default, we’re all in the same boat now for the time being in terms of timelines.
Well today, the judge issued an order that Kwame and crew aren’t going to like. The judge ordered Kwame to provide illustrative examples of EACH AND EVERY ITEM BANNED under the Illinois Firearm Ban Act. By illustrative examples, I take that to mean photographs.
24 – Feb 13, 2023 – ORDER: Within the response to 16 Motion for Preliminary Injunction, Defendants shall provide illustrative examples of each and every item banned under 720 ILCS 5/24-1.9. Signed by Judge Stephen P. McGlynn on 2/13/2023. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/13/2023)
Here’s the problem for Kwame, there are so many variables in the guns listed as well as the more general “features” provisions that this will prove a very challenging endeavor for the AG.
And then there’s the entire issue of guns prohibited in other sections of the law as well.
Oh, but wait, there’s more… everything that will be banned… including magazines. Parts. Readily convertible parts. Kits. Guns that can be converted. And on and on.
Are you getting the picture yet?
This is gonna look like a catalog. And they won’t have even scratched the surface. It’s going to be a poop show when we clap back at their filing and point out page after page after volume of items they missed.
And the judge? If you don’t think for a minute that he’s setting Kwame’s clowns up for an epic slapdown, you aren’t thinking this through.
While my first impulse is to ask our attorneys to ask for a summary judgement right out of the gate, I know we want to litigate our case to set us up for further filings attacking other unconstitutional laws here in Illinois.
Tactically speaking, the best thing Gov. Pritzker and the Illinois General Assembly could do is repeal the Illinois Firearms Ban Act and moot this case out. Otherwise, not only are we going to establish the right to keep and bear America’s favorite rifle, but we’re going to establish precedent for magazines, magazine parts, gun parts, transportation issues, and a whole lot more including making guns at home (cough Ghost Guns cough), gun registration, and so much more.
All because the gun grabbers thought they would try to kill off the gun culture.
It’s gonna be fun to watch this unfold.
Here’s a useful post from Maxon Shooter’s…
Judge McGlynn issued the following Order to the defendant in three or four of the cases he has in the Southern District (the dockets haven’t all been updated, but we expect the order to be entered in all four cases):
Feb 13, 2023 – ORDER: Within the response to 16 Motion for Preliminary Injunction, Defendants shall provide illustrative examples of each and every item banned under 720 ILCS 5/24-1.9. Signed by Judge Stephen P. McGlynn on 2/13/2023. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/13/2023)
This is a huge win and a validation of the FFL-IL ILGRA approach to go after guns and parts in the first suit. The scope of this ban is so huge as to render most legally-owned firearms illegal or un-repairable.
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We will not be addressing the various county court cases that have resulted in Temporary Restraining Orders for the named plaintiffs as they do not apply to all IL residents.
We are looking to receive injunctive relief while these cases are litigated.
That relief (Preliminary Injunction) would prevent the State from enforcing the “Assault Weapons” Ban until the cases are decided. We are confident of obtaining that relief because of the four tests:
- Is the plaintiff likely to succeed on the merits? YES
- Court Precedent is on our side.
- The Supreme Court remanded back to the lower courts similar laws last summer
- Is the plaintiff likely to suffer irreparable harm in the absence of preliminary relief? YES
- No Parts = No ability to repair
- No Purchase = no ability to lawfully possess
- Right to possess implies right to purchase (IL Firearms Retailers vs Chicago 2014)
- Retailers may lose their businesses, and employees their jobs, while this is being litigated
- The balance of equities favors plaintiff? YES, but it doesn’t matter
- Balance of equities is how a court determines which side will prevail
- Example: public benefit versus individual hardship
- Bruen discarded that sort of interest-balancing last summer
- The injunction is in the public interest? YES
- It protects the lawful behavior covered by the second amendment.
Several of the cases, including the FFL-IL v Pritzker which we are involved in, have been assigned to Judge Stephen P. McGlynn. The cases right now are consolidated but not combined, which means each will be argued separately, possibly on the same days. Generally the timing will be for a hearing to determine the preliminary injunction in late March or Early April.
The cases:
Harrel v Raoul January 17, 2023
- Plaintiffs: Second Amendment Foundation, Illinois State Rifle Association, Firearms Policy Coalition
- Scope: Guns, Mags Illinois AWB
- Court: Us District Court for the Southern District of Illinois Judge McGlynn
- Status: Plaintiff Motion for Preliminary Injunction; Defense Motion for Extension of Time and Overlength Response Granted.
- Next Action: Response by Defendants March 1; hearing on MPI likely late March or early April
Langley et al v Kelly. Thomas Maag January 13, 2023
- Plaintiffs: Various Individuals
- Scope: State Constitution Procedural Issues on how the Act was passed; Federal 2nd 5th and 14th amendment issues
- Court: Circuit Court Crawford County. Elevated to District Court for Southern District Judge McGlynn
- Status: Motion for Extension of Time to File Answer and Respond to MPI granted.
- Next Action: Response by Defendants February 28; hearing likely late March or early April
Federal Firearms Licensees of Illinois v Pritzker January 24, 2023
- Plaintiffs: Federal Firearms Licensees of Illinois, Guns Save Life, Gun Owners of America, Gun Owners Foundation
- Court: US District Court for the Southern District of Illinois Judge McGlynn
- Scope: Guns, Parts
- Status: Motion for Preliminary Injunction filed February 6, 2023
- Next Action: Defendants will respond, ask for more time. Expect response by early March. Hearing late March or Early April.
Barnett v Raoul January 24, 2023
- Plaintiffs: National Shooting Sports Foundation
- Court: Us District Court for the Southern District of Illinois Judge McGlynn
- Scope: Guns, Mags
- Status: Motion for Extension of Time to File Answer and Respond to MPI granted.
- Next action: Response by Defendants by March 2; Hearing likely late March or Early April
Kenneally v Raoul January 27, 2023
- Plaintiffs: McHenry County State’s Attorney Patrick Kenneally
- Scope: Enforcement of unconstitutional act
- Court: US District Court for the Northern District of Illinois
- Status: ?
- Next Action: ?
National Association for Gun Rights et al v Naperville September 7, 2022
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Plaintiff: Law Weapons Naperville, IL
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Scope: Naperville AWB for sales and Illinois AWB Guns, Mags, Parts
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Court: US District Court for the Northern District Judge Kendall
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Status: Motion for Preliminary Injunction filed; local and Law Weapons only
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Next Action: Expect a ruling by mid February
This has the potential to be landmark case action at the Federal level. Bruen is the 800-pound gorilla that simply cannot be ignored. SCOTUS has spoken, and the courts have been paying VERY close attention to how 2A is now to be interpreted. In ruling after ruling, federal courts are striking down various long-term infringements using the Bruen decision. Just in the past couple of weeks, the presumption that both those who are the targets of protection orders (Red Flag) and users of marijuana cannot own firearms have fallen. More will be coming. The liberals have no one to blame but themselves. Gun control was always built upon a house of cards as shaky as Roe v. Wade was for Federal abortion protections. There is a reason the Founding Fathers made amending the USC so difficult – they knew that those in power would abuse their power, and they have especially where 2A has been concerned.
Putzker and his merry band of morons were warned. They were told that post-Bruen, they would be made the example that would soon sweep across the US. With the nebulous ‘public safety’ test now gone from legal arguments, nearly every form of gun control passed in the last 100 years is in line to be swept away. Everything from NFA34 forward was passed with express statements that trumpeted ‘Public Safety!’ whenever our rights were further taken away, because of the criminal actions of others. NFA34 was the result of the Chicago Outfit under Al Capone, GCA68 was the result of the assassinations of the Kennedys, etc. In every case, they either put these public safety claims into the text of the law, or argued them endlessly to ensure passage.
When Bruen destroys the Illinois Gun Ban, it will travel on to do the same to federal, state and local statutes. Liberals who have ran the table for the last century or more will have Putzker, Raoul the Tool, and ‘See You in Court’ to thank for starting the ball rolling.
See you in court, indeed.
The Attorney General’s office is probably trying to figure out how they’re going to comply with this with the minimal amount of effort. It might cut into their time spent driving for a Lyft on the side
Thank you for the info on timelines. I was curious
OK, but aren’t they just going to play the delay, delay, delay game? We won’t get a hearing until November! This gives them an excuse for needing more time to gather all of the images that the court asked for.
Now that the cases are all combined, are the attorney All Stars willing to holster their egos, collaborate and stand firm (no negotiating!) against Kommie Rafool?
No more extensions. No more excuses. Let’s bury the AG!
Don’t get too cocky. Remember, it ain’t over til John Boch’s wife sings.
Oh, and, you misspelled “judgment,” JohnBoy!
NOT YOU AGAIN, KENNY BOY! GET LOST ARSHO!
Ken often refers to a plastic persona that lacks any male genitalia.
Kenny-boy is just a bitter, hateful, mentally deficient MORON that needs to be permanently discarded from all comments, especially on this forum..