Last week, a three-judge panel from the Seventh Circuit Court of Appeals ruled that the Illinois law banning so-called “assault weapons” is Constitutional, which seems directly in opposition to the Heller and Bruen Supreme Court decisions. The Court combined several challenges to the Illinois law into a single hearing. Second Amendment advocates viewed the three-judge panel as practicing judicial advocacy. Several of the plaintiffs in the cases have now vowed to take the challenge to the Supreme Court of The United States (SCOTUS).
The law known as the “Protect Illinois Communities Act” (PICA) banned most semiautomatic rifles and shotguns. The law also restricted magazines from holding more than ten rounds. The law was a centerpiece of Gov J.B. Pritzker’s gun control plan. Gov. Pritzker has been adamant about implementing his plan to take on gun rights.
In the face of Illinois’ recent assault weapons ban, pro-gun advocates remain steadfast in their commitment to defending their Second Amendment rights. With an unwavering belief in the importance of self-defense and individual liberty, these advocates refuse to back down. The ban, which restricts the possession and sale of certain firearms, has been met with fierce opposition from gun owners across the state.
Pro-gun advocates argue that such legislation unfairly targets law-abiding citizens who are simply exercising their constitutional rights. They contend that responsible gun ownership is a fundamental aspect of American culture and should not be infringed upon by government overreach. By promising to take their case to the Supreme Court, these advocates seek legal recourse to protect not only their own rights but also those of future generations.
One of those groups is the Illinois State Rifle Association. Ed Sullivan, a lobbyist for the group, said he wasn’t surprised by the decision. All three judges were appointed by Democrats who have a long history of anti-gun actions. The group said it would be challenging the ruling and was willing to ask SCOTUS to decide the case. He speculated that the plaintiffs from the other cases would follow a similar path.
The three-judge panel ruled that AR-15s and other semiautomatic firearms are not in common use for lawful purposes such as self-defense. The Court refused to acknowledge the many self-defense usages of modern sporting rifles. A Federal District Judge in California found a plethora of examples of Americans using semiautomatic rifles for self-defense. The District Judge, Roger Benitez, pointed out a pregnant woman who used an AR-15 to fight off home invaders, possibly saving her and her unborn baby.
Even though the battle against the PICA is far from over, Gov. Pritzker celebrated the victory and took a victory lap. He states that the law will save lives, even though criminals do not follow laws, and law-abiding citizens are the only ones who will follow the law.
“The Protect Illinois Communities Act is a commonsense law that will keep Illinoisans safe,” Gov. Pritzker said in a statement about the Court’s decision. “Despite constant attacks by the gun lobby that puts ideology over people’s lives, here in Illinois, we have stood up and said, ‘no more’ to weapons of war on our streets.”
The plaintiffs can ask for an en banc hearing where the whole bench will hear the case. The makeup of the Court might make that a monumental challenge. The groups could also go directly to SCOTUS, which will require the high Court to grant a writ of certiorari, meaning they will hear the case. If SCOTUS does hear the case, it could mean a death blow for this and other similar laws from around the country.
Bevis v Naperville Opinion by AmmoLand Shooting Sports News on Scribd
About John Crump
Lardass Pritzker and the judges should be covered in tar and feathers and run out of town like our forefathers would handle similar violations of the Constitution and oaths of office. Every free man and woman in the communist state of Illinois should March around the state capital with any weapon they deem useful and appropriate, as “every terrible implement of the soldier is the citizens’ birthright”. There aren’t enough police, handcuffs or cells to arrest even a tiny fraction.
The current ENTIRE Pritzker clan have been wreaking havoc upon Americans for 20 years, they are genuinely sick and uber evil people. I didn’t even think that about the entire Kennedy clan. As evil as the Kennedy’s were/are (yes, I’m talking about you RFK,Jr.), they are pikers compared to the Pritzker’s. Search for Imprimis’ latest edition, a transcript of a speech given to the students at Hillsdale College recently by Christopher F. Rufo. Trust me, you will want to print it out and show it to everyone you know. You’ll understand the level of moral turpitude of those despicable related… Read more »
The 9th Circuit is sandbagging its “assault rifle” appeal, hoping that the Supreme Court will want to wait until the 9th has weighed in on the issue, and hoping that the Supreme Court will be packed by Biden by the time the issue is heard. If you don’t have the law on your side, you try to pick judges who are on your side.
Ban Infringers. Permanently.
Anytime a politician or anti-gun zealot uses the term “commonsense law” you can be damn sure it is anything, but.
Couple of questions regarding semi-auto rifles and standard capacity magazines:
1) How many millions does it take to constitute ” in common use”?
2) Since when is anything other than self-defense, not a lawful purpose?
While I’m waiting for an answer to the questions, I’ll be lawfully target shooting, hunting wild pigs, hunting coyotes, hunting ground hogs and hunting prairie dogs, all with an ar-15 style of rifle.
140,000 per Caetano scotus case on tazers.
Exactly.
Yet there are north of 25 million AK and AR platform firearms in the USA according to the NSSF’s 2020 stats.
I’m just trying to figure out how many more there needs to be to have these nut-jobs to consider them “in common use”.
Same goes for rifle and pistol magazines that hold more than 10 rounds. Absolutely has to be more than 100 million of those floating around. There’s probably not many items in the United States that’s in more “common use” than that, forks, spoons, kitchen knives and dishes probably.
“The three-judge panel ruled that AR-15s and other semiautomatic firearms are not in common use for lawful purposes such as self-defense.”
These judges are not merely uninformed, they are blatantly and outright lying in order to create their own alternate constitution from the bench.
In days past, these judges would have been run out of office with their tails between their legs….
These “judges” and “politicians” have TURNED THEIR BACKS to their SWORN OATH-OF-OFFICE. DISBAR these “judges” EXCISE these “politicians” legally and make it where they can NEVER hold ANY Public or Private office!!
Is that statement enough to get them declared mentally incompetent and confine them to an asylum? Seems to me that that one statement prove they need keepers to protect them.
Was it a different court that ruled “assault weapons are not arms?” That statement goes beyond claiming semi-auto arms and standard magazines are not in common use — if it is possible.
How much fun we could have if they (scotus) decide to state the truth (the progressives will hold the bill of rights is not absolute) it is the thing that was never put in writing is the responsibilities that go with the rights. You can yell fire in a crowded building, but any injuries or deaths and expenses are yours. There is no place in constitution or declaration of independence that makes stupidity illegal, tort law makes it expensive, and a stupid prank may win you a Darwin award
It sounds like it is time for the People of IL to have a Battle of Athens, tell the IL State Police and local police to take the week off, and then clean up Springfield. It’s long past time for police agencies to refuse to enforce unconstitutional laws and to tell their bosses that they are out of line. Otherwise, they can die where they stand like the rest of the tyrants.
This happened in New Mexico when their stupid-assed Governor placed an executive order over part of her state.
Bernalillo County Sheriff John Allen said he did not want to endanger his deputies by making them enforce the ban.
“This order will not do anything to curb gun violence other than punish law-abiding citizens who have a constitutional right to self defense,” Allen said at a press briefing.
No citizen needs an AR-15. They need an M-4.
Sign me up!
with night vision
The military uses the select fire M4, it IS in common use.
Everyone needs to understand the anti-gun strategy. Here, let me tell it to you. 1) craft illegal laws, ink the illegal laws 2) allow the interested parties to use the courts 3) it all gets tied up in the courts for years 4) and all that time the illegal laws stick (stayed) 5) some of the illegal stuff gets struck out by SCOTUS, some does not 6) 1″ of win for anti-gunners 7) rinse and repeat As time goes on, #6 keeps happening, and eventually the pro2A folks get worn down and broke. Really need some crafty pro2A lawyers to… Read more »
Is there really a UNIVERSAL Get Out Of Jail For Free Card?? Well, yes, there IS such a thing! But it is kept well hidden and is known about by only a very few though, due to various reasons. The main one, is the populace is kept ignorant, dumbed down, as some like to say, via the public fool system. No one is taught real history or how to think about things anymore. Virtually no one knows what logic is or how to use it. Nearly everyone is taught only the mantra of “go along to get along”. Another one… Read more »
Oh bouy! What has this screed to do with the case in hand? I think that Shakespeare said it best: “A tale, told by an idiot, full of sound and fury, and signifying nothing”…
Just call it Open Season for Criminals Act.
You deserve the Tyrants and Tyranny…You allow. No better example of this can be found, than Illinois and not just because of attacks on 2nd Amendment Rights.
Darkman, go back to school and learn how to write a complete sentence. Throwing capital letters and punctuation into the middle of sentences doesn’t add emphasis, it makes you look like an illiterate boob. You have valid points to make but your writing style is ridiculous. Come on, man.
Darkman made PERFECT SENSE with his use of Capitalization of words and punctuation. You Sir need to go to the school of HARD KNOCKS!!!!