WE WON!
Guns Save Life, working with the FFL-IL, Gun Owners of America, the Aurora Sportsman’s Club and others have won our lawsuit challenging the constitutionality of Gov. JB Pritzker’s beloved “Protect Illinois Communities Act” gun and magazine ban. What’s more, thanks to the GSL suit’s language, the ban on parts was also struck down.
Before you get too giddy, Judge Stephen McGlynn stayed his order for 30 days. In other words, while the law was struck down, nothing will change for 30 days to give the State of Illinois an opportunity to seek a more permanent stay IF they choose to do so while they weigh an appeal on its merits.
I’m having difficulty uploading documents at the moment.
Here are the documents released today.
Findings of Fact & Conclusions of Law (2309753.1)
Memo & Order re Mtn to Preclude Plaintiffs’ Experts & Evidence (2309752.1)
Judgment (2309755.1)
Here’s the relevant text from Judge McGlynn’s order.
CONCLUSION
For the reasons set forth above, the Government’s Motion for Partial Summary Judgment on the Langley Plaintiffs’ Counts IV and VI (Doc. 220) is GRANTED.
Most importantly, considering all of the evidence presented, the Court holds that the provisions of PICA criminalizing the knowing possession of specific semiautomatic rifles, shotguns, magazines, and attachments are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs’ request for a permanent injunction is GRANTED. The State of Illinois is hereby ENJOINED from the enforcement of PICA’s criminal penalties in accordance with 720 ILL. COMP. STAT. §§ 5/24-1(a)(14)–(16) (bump stocks and assault weapons); 5/24-1.9(a)–(h) (assault weapons and attachments); and 5/24-1.10(a)–(h) (large-capacity magazines) against all Illinois citizens, effective immediately. As the prohibition of firearms is unconstitutional, so is the registration scheme for assault weapons, attachments, and large-capacity magazines. Therefore, the State of Illinois is ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 ILL. COMP. STAT. 65/4.1. This permanent injunction is STAYED for thirty (30) days. The Clerk of Court is DIRECTED to enter judgment in favor of the Plaintiffs.
IT IS SO ORDERED. DATED: November 8, 2024
“This law is unconstitutional, but we will let it stay in place for another 30 days”. WTF?
Seriously. WTAF.
Barring any appeal, for citizens that submitted to any unconstitutional registration of any weapon, part, ammo and etc., will the State be ordered to expunge said records and submit documentation of that expungement to the court docket as well as the citizens affected?
how’s that ****** bullshit working for you, crime-eh?
I will be the first to tell you we have a system and procedure so order will be the rule of law rather than chaos. However when a statute is found unconstitutional and our rights have been delayed AND denied for many years, in some cases, I don’t understand why judges are always apt to give ‘consideration’ to the government denying us our rights! Judge McGlynn is an originalist but he is also an attorney playing attorney bullshit games. Why do we have to suffer another thirty days? Wrong, wrong, wrong Judge McGlynn! FUCK JB, Kwame, Brenden Kelly, the State Legislature, and every supermajority Marxist piece of shit in IL. The way I feel now a FU to Judge McGlynn as well.