It’s Friday. What happens on Fridays? Court decisions! In our case, literally and rhetorically, Judge Steve McGlynn denied our Motion for a Preliminary Injunction, as he hinted he would during the oral arguments on December 12th.
The key paragraph sums it all up:
In a nutshell, he’s going to move to trying the case on its merits “expeditiously.”
Todd Vandermyde had a good video…
A supposed Republican appointed by Trump.
some robe-assholes will do anything
This looks like a loss right now and it is, but we will have victory through this judge soon. He was in a position to issue preliminarily (a different set of rules like a mini-case within the case) on the registration scheme on 2A grounds (notice and vagueness grounds are not clear enough at this stage using the mini-case rules). However, the 7th Circuit wrongly and overreachingly disabled that mini-case. He is not being weak by skipping the injunction. The judge is being respectful of a higher court and thereby showing them how to behave as a lower court (an act that the 7th Circuit utterly failed at with hubris). It is the time to brace for impact and be courageous. The judge is reminding us in this order that mere non-registration does not mean that criminal penalties automatically attach to you. Of course, the risks are going to be higher for different parts of this state, which is why we need non-compliance in as many low-risk areas (constitutional sheriff and DA counties) as possible to offset those less fortunate (remember they are wanting to keep their CCL). The call to action right now is to be patient and slow to speak. Dark times are here but I remain hopeful. I believe this judge’s final order will be bold, just, and well-written. That type of ruling (final and not the mini-case) will be the right vehicle for victory because of the judicial process. His ruling will flow through to the intellectual lightweights at the 7th (painfully for us for a time if it’s reversed) and then it moves on to SCOTUS where it could be held up as the standard for how to apply Heller and NYSRPA v Bruen, wherein they can use it to gloriously admonish that INFERIOR court.
It appears pretty clear to me after reading the 34 page ruling that McGlynn thinks that more harm than good comes from continuing the injunction processes and that our side failed to meet the burden outlined. Based upon his statements and quotes of law, our lawsuit here was pretty half-assed at best and never had any real chance of prevailing on the question of due process. The State convinced him that they have given sufficient notice to FOID cardholders by providing an electronic website that they must use, and are not required to e-mail or physical mail FOID cardholders to explain the new law. He states essentially that since no gun owner has been factually harmed by registration as of yet, there was no standing to injunct registration. Circular logic, but typical of the courts. Until someone gets convicted for failing to register, there is no standing.
I think he’s probably still on our side with regards to the violation of 2A and Bruen by PICA and has decided that this injunction phase gets in the way of getting to the substantive questions of constitutionality themselves. In short, we lost here because we didn’t meet the threshold to get a injunction against part of the law. The burden is ours to prove and we didn’t under existing case law. It is now time to move past injunctive relief and on to the meat of the issue which is actual constitutionality, which remains before his court. McGlynn had strong language at the end about this and his desire for an expedited and exhaustive review of the 2A/Bruen challenge. This was a lost battle, but not a lost war.
Read the order yourself and decide what you think:
https://capitolnewsillinois.com/DesktopModules/EasyDNNNews/DocumentDownload.ashx?portalid=1&moduleid=718&articleid=2855&documentid=110
Well said.
shall not be infringed?
To you who insult the judge. He is doing the right thing foregoing the screwing around and directing the case to hearings on the merits!!!!! Why don’t you people educate yourselves? Stop being ignorant gun owners. Get involved, get active.
As much as I would love to see an honest judge overturn all of this, I’m beginning to believe it will never happen. In fact, I believe under the current government structure, it can’t happen. Thanks to good ole “Honest Abe” the Government has turned into a foreign owned and managed corporation. The 14th amendment has made all “American citizens” subject to this corporation’s bylaws. That means, as citizens, you have no standing to the original constitution. The 14th amendment granted citizens equal privileges (not rights). The United States (Corp) also signed a treaty with the U.N. after WW2. The SCOTUS has already ruled that this treaty SUPERSEDES our constitution. The U.N. has been working with our state department on a disarmament plan that would also disarm citizens over the last several years. THIS IS WHY THEY ARE BLATANTLY DISREGARDING THE 2ND (AND FRANKLY ALL) AMENDMENT. THIS IS WHY WE CONTINUE TO LOSE CASES THAT OUTRIGHT VIOLATE THE 2ND AMENDMENT. THIS IS NOT REPUBLICAN VS DEMOCRAT. THIS IS NOT CONSERVATIVES VS LIBERALS. THOSE LABELS WERE MADE TO DIVIDE & CONQUER US. YOU CAN’T VOTE YOURSELF OUT OF A SYSTEM THAT SELECTS THE CANDIDATES AND CONTROLS THE VOTING.
IT IS TIME TO LOOK INWARD TO THE 2A COMMUNITY
If the FFL’s would collectively, in store and online, stop selling law enforcement firearms and accessories that are banned for their own citizens of whom they call “subjects” this attack on our Constitutional rights would stop pretty quickly. You see, when the ones who enforce bogus laws against We The People don’t have to live by those rules themselves they can say they don’t like it all they want however there’s little incentive to make real change. The minute the foot soldiers for the government have to live by the same rules us subjugated peons do then there will be enough interest to stop these abusive and obnoxious gun control laws. Make them shoulder the pain of gun control until it stops!
Great point. They wouldn’t last 5 minutes living under the rules they enforce. They would be calling the governor’s office relentlessly begging the state to lose all of these lawsuits against PICA. It isn’t hard to see how this would go. Just look at police behavior already. They’ll sit behind the bushes watching for speeders and people on their phones when they constantly do the same thing themselves. EVERYONE sees it! I’ve found one of the best ways to get a cop to stop following you on the highway is to go the speed limit or a couple mph below. Cops don’t last two miles before they turn off. They can’t stand it! WE THE PEOPLE have the power in our own hands to stop the abuses against us but it’s going to take a collective bunch to do it. Fight like the left does. They get results. EVERYONE sees it!
Whatever happens folks please, please don’t blame the state police. They have a tough job to do and we owe them our complete blind support. It sickens me to see how many people commenting on here think their rights and livelihoods supersede a cop’s paycheck. They have bills to pay and it’s more important than the subjects bills because they protect us from the demoRATS and bad guys. If I am arrested under PICA I’ll continue to back the blue even if it’s an illegal alien cop. I struggled with this issue for 0.68 seconds. I’m against open borders and illegal immigration but if it’s a police officer, that back the blueage supersedes my disdain for those breaking in and robbing our country. Back the blue no matter who!!!
You still here “ken”, GO AWAY!
Notice to all: ben, travis, “ken”, et al aka: the “back the blue till it happens to you” crowd doesn’t “attack” the GrifterLyingScum GLS 1589 for his posts; (s)he is one of that crowd, check the writing style, phrases, grammar, etc. and it is “ken” to the bone. just sayin. deny it all you want “ken”, lies are lies.
GSL 1589, I am not Ken or anyone else you accuse me of. I just happen to have a similar name and share the same political views as you do.
Liar, you do not know my political views, you are a farce a liar and an A$$hole, GO AWAY “ken”.
GrifterLyingScum
“Injured parties”. The judge keeps referring to “injured” and lack of any evidence of citizens or “parties being injured by this law.
Blows my mind.
It is legal-ease, a particular standard exists to show injury. As the statute section does not become active until 1 Jan 24 it is difficult at this time for the plaintiffs in the case to show such injury. When a citizen gets arrested for non-compliance this would be one such example of injury. Judge McGlynn denied the injunction without prejudice in order to allow such citizen the ability for legal recourse. Had he dismissed the injunction WITH prejudice Would be terrible as no legal recourse would exist to grant immediate relief. The bigger picture is the hearing on the merits. This is coming in January/February.
It’s kind of like putting on life jackets AFTER the boat sinks.
This law was also going to be gone by February/March of THIS year. ALL of the people against this PICA law was laughing at first. Your optimism is pretty generous if not borderline gambling addiction – THE NEXT ROUND WILL WORK………….
Ben,
You’re right. It’s been quite an education we’ve received.