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 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.
“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….
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.
No citizen needs an AR-15. They need an M-4.
The military uses the select fire M4, it IS in common use.