U.S. Federal Court Judge Stephen McGlynn struck down Illinois’ so-called “Protect Illinois Communities Act” gun and magazine ban Friday afternoon. The court ruled that banning America’s favorite rifle, the AR-15, and a myriad of other hot-selling guns commonly used for self-defense is unconstitutional. The ruling proved a very satisfying cap to a week that saw Donald Trump’s election and all that entails for rolling back gun control schemes nationwide.
Erring on the side of caution, Judge McGlynn stayed his permanent injunction for 30 days to allow the State of Illinois to reach out to the Seventh Circuit Court of Appeals for an appeal. The Land of Lincoln’s Attorney General will no doubt seek an extended stay to drag out an appeal to delay the inevitable.
Typically through a federal appellate court procedure known as “judicial economy,” cases returning to the appellate courts are usually assigned to the same three-judge panel that heard earlier arguments. However, given the retirement of one of the two judges who ruled against the lawsuits challenging the law last fall, a third judge will be assigned to the two remaining judges.
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)
Given the overall makeup of the Seventh Circuit Court of Appeals, there’s about a 50/50 chance a random assignment will be a judge that respects the rule of law and Supreme Court precedent. If that happens, getting a stay while the case is heard on appeal is far from a guarantee. And if that new judge decides in favor of upholding the Constitution and the rule of law, then Governor J.B. Pritzker’s beloved gun ban may well officially join the dustbin of history.
At that point, we will likely witness a rapture of sorts as hundreds of thousands of PICA-regulated firearms will suddenly wash up on the shores of Illinois lakes, streams and rivers. Owners can then reclaim their guns and take them home following their tragic loss in that rash of boating accidents in late 2023. This is especially true as roughly 98% of Illinois gun owners said “no thanks” to registering their regulated guns, ammo and accessories by January 1, 2024.
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