As the U.S. Circuit Court of Appeals consolidates most of the pending litigation against the state of Illinois' ban on assault weapons, a Supreme Court justice is considering putting a temporary hold on the legislation as the court challenges continue.
Last week, the 7th U.S. Circuit Court of Appeals consolidated most of the suits against the controversial ban, and announced that it would hear oral arguments beginning on June 29.
The court did decline to issue an injunction that would put the bill on hold pending the outcome of the challenges against it.
The first lawsuit filed against the bill by a gun store owner in suburban Naperville is included in that consolidated suit.
Under federal law, parties in a lawsuit have the right to appeal directly to a specific Supreme Court justice through the federal court of appeals to request an injunction to put a hold on the legislation. As a result, Justice Amy Coney Barrett is evaluating the legislation and whether she will issue a temporary stay on the case until the full court can evaluate its merits.
Under federal law, an injunction can be issued if a higher court feels there is a likelihood of the appeal being successful on its merits.
Thus far, court rulings have largely gone against the plaintiffs in the case, with a February ruling by District Court Judge Virginia Kendall siding with the plaintiffs.
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Last week, the Illinois Gun Violence Prevention Action Committee, or G-PAC, filed an amicus brief with the 7th Circuit Appeals Court in support of the ban. The National Association for Gun Rights, who is party to the lawsuit against the legislation, is continuing to pursue its overturn.
That group, along with a Naperville gun store owner, filed suit against two bills, including the state’s assault weapons ban and a Naperville ordinance that prohibited assault weapons.
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HB 5471 bans the delivery, sale and purchase of assault weapons in the state, impacting dozens of specific types of firearms. It also bans specific attachments, extended magazines and rapid-firing devices.
Those who currently own the weapons are required to register them with the Illinois State Police. Merchants are required to sell or return their current stock of the weapons, and Illinois-based manufacturers can still sell their products outside of the state.
The law went into effect in Jan. 2023.
The plaintiffs in the case had earned a short-term victory earlier this year when U.S. District Judge Stephen McGlynn temporarily blocked enforcement of the assault weapons ban. That decision was overturned by a federal court of appeals in Chicago, leaving it in the hands of the 7th U.S. Circuit Court of Appeals.
An injunction can be ordered if a judge believes that the plaintiffs have a likelihood of prevailing on the merits of their case, something multiple courts have not found.
Coney Barrett has not given an indication on when she would rule on a potential injunction in the case.
