Great news yesterday as US District Court Judge Stephen McGlynn issued a preliminary injunction blocking the new Illinois Firearms Ban Act. The injunction took effect immediately and lasts until the case is either heard and ruled upon, or FAR more likely until it is stayed. In English: This means stores may resume selling a full line of firearms, including the most popular self-defense guns and the magazines that feed them. Furthermore, you can toss an AR in your trunk and all the standard cap magazines you can carry. This lasts until a stay is issued, blocking the preliminary injunction.
Guns Save Life is one of the named plaintiffs in one of the four consolidated cases in the Southern District federal court where McGlynn sits.
Here’s how we anticipate this playing out.
We expect Kwame Raoul to file an emergency motion to stay the injunction Monday morning with Judge McGlynn. While McGlynn could grant that motion almost immediately, effectively reversing his earlier decision from Friday, we don’t think that will happen.
We anticipate that he will ask our side for a rebuttal to the state’s motion. All told, on an expedited basis, we think this may take the bulk of his coming week. If McGlynn then issues a stay, the sales of guns and magazines must stop immediately. Firearms purchased before a stay is issued can likely be claimed at the end of the 72-hour waiting period as the gun ban law has that provision in it.
So if you want to buy that AR-15 – otherwise known as America’s Favorite Rifle (because there are half again more AR-15s out there than there are Ford F150s on the road – the time is NOW. Like Right Effin’ Now. Oh yes, did I mention there are almost twice as many AR-15s are sold each year than there are subscribers to the NY Times.
Be sure to stock up on magazines as well.
DEALERS: Print out a stack of copies of this preliminary injunction and hand one out with each gun sold when the person comes by to pick it up. And maybe a copy for every standard cap magazine sale. Furthermore, we would STRONGLY recommend dealers urge purchasers of these guns, magazines and parts to donate at least $50 or $100 for the legal fight to make this preliminary injunction permanent with a final order after this case is litigated. Donate to either FFL-IL’s legal fund to pay for our Illinois attorneys or the Second Amendment Law Center to help us pay for Chuck Michel’s law firm backstopping our Illinois attorneys.
Money is the fuel that keeps our legal team running at high tempos – and we’re running at a high tempo right now, let me tell you.
Guns, magazines can be sold effective immediately until and until and unless a stay is issued. And even then, if a sale has been initiated, it can be completed after the 72-hour waiting period even if a stay has been issued. There is a remote risk to doing so, but in our opinion, that risk is minimal.
Got magazines you’ve been holding back? RELEASE THEM IMMEDIATELY. Tell people to come in and get them RFN. Ditto for guns.
It sure seems nonsensical that a judge would issue an injunction and then turn around and issue a stay, but I guess with the way things “work” these days anything can happen.
Courts have been willing to do that when the party requesting the stay offers some new evidence that comes to light after the injunction, for example. If you read the drippings of Kwame the Klown, he offers nothing new. In fact, virtually the entire rancid stew he barfs up seems to make the very same arguments that were already rejected by McGlynn. The only thing new is that Kwame argues that since two activist punks in the Northern District ‘got there first’ and issued rulings that have about as much in common with Constitutionality as Mao’s Little Red Book, McGlynn is therefore wrong.
What SHOULD happen is that the injunction should remain in force until the actual constitutionality of the issue be addressed. Kwame offers nothing of substance and certainly nothing new to refute the injunction. The injunction prevents the State from inflicting more harm on the plaintiffs and gun owners. Kwame’s argument is that the State has the right to inflict as much damage as possible on plaintiffs until they can find a court to rule otherwise.
So let’s say the gun grab gets totally ruled against and declared invalid. What’s to keep the Illannoy Genital Assembly from doing the same thing all over again? There is nothing that could or would penalize them for doing such, so we could do rinse and repeat on a yearly, or semi-yearly basis. Am I wrong?
You are absolutely correct, and the very act of ignoring Bruen as the only valid test of Constitutionality is proof. PICA is the first post-Bruen piece of gun control enacted. It was done in haste with the full knowledge that its underpinnings were flawed, and unlikely to survive court challenges. This is the standard tactic of the left. Rule of law means nothing to them, even if that law comes to them directly from SCOTUS itself. We have to win case after case until the courts finally destroy these arguments in such a way that they can no longer be raised. We are 15 years past McDonald now, and they are still trying to rehash arguments struck down by it.
Whoo hoo. Looks like I’ve got a mission today. Going to do my part right now
He won’t issue a stay. I doubt the seventh circuit will either. Why? Because the injunction only re-establishes the status quo ante.
That means that before the gun ban and magazine band went into effect these things were perfectly legal and hundreds of thousands of people own them. So there is absolutely no harm in continuing to allow the lawful possession ownership and exercise of Rights involving these things. To Institute a stay would be to effectuate the illegal ban.
I hope you’re right. That’s actually going to be our argument in briefs against the state’s latest motion.
Our lawyers lean towards agreeing when it comes to McGlynn. They disagree on the 7th Circuit. Although we’re open to being pleasantly surprised.