Judge Denies A Preliminary Injunction Against The Illinois Gun Ban

A Federal District Court Judge in the Southern District of Illinois denied a preliminary injunction against the state’s new “assault weapons” ban that took effect on January 1st.

In Federal Firearms Licensees of Illinois v. Pritzker, The Federal Firearms Licensees of Illinois (FFLI), Guns Save Lives (GSL), Gun Owners of America (GOA), Gun Owners Foundation (GOF), Piasa Armory, Debra Clark, Jasmine Young, and Chris Moore asked Judge Stephen P. McGlynn to issue a preliminary injunction blocking the enforcement of the centerpiece of Governor JB Pritzker’s gun control plan. Judge McGlynn already issued one injunction against the ban, but a three-judge panel from the United States Court of Appeals for the Seventh Circuit reversed the district court’s decision.

The plaintiffs claimed that the law violated not only the Second Amendment rights of the people of Illinois but also that the Protect Illinois Communities Act (PICA) violates the Fourteenth Amendment’s Due Process Clause.

The plaintiff’s Fourteenth Amendment argument is twofold. First, the plaintiffs make an “inadequate notice” claim. Then, the group makes a vagueness argument. The Government claims the plaintiffs are asking the district court to overrule the Seventh Circuit decision.

“As an initial matter, the FFL Plaintiffs argue that an injunction must issue before January 1, 2024 ‘to protect their rights and those of the public,’” the Judge wrote. “Conversely, the Government argues that the FFL Plaintiffs “are continuing to seek appellate review of their first preliminary injunction motion” and that they desire for this Court ‘to overrule the Seventh Circuit’s decision declining to preliminarily enjoin’ PICA. Finally, the Government argues that “the Seventh Circuit has already held that such a claim is unlikely to succeed on the merits.”

The “inadequate notice” claim stems from the Illinois State Police (ISP) not informing gun owners directly. Because of the firearms owner ID (FOID) card, the state has the contact information of every gun owner in the state.

The ISP chose not to contact gun owners directly about the PICA but decided to do a press release and add a pop-up message to the FOID website when a gun owner logs in. The plaintiffs argued this notification wasn’t enough. The state argued that their notice was adequate. The Judge believed that even though the ISP could do more, they were not required to do more than the absolute minimum.

The vagueness claim is because the exact requirements of what makes an “assault weapon” are subjective and are not well defined. The gun owners of Illinois might also not sufficiently understand the process of registering such firearms and accessories. In fact, the procedures have changed and continue to change. With less than a week left before the law goes into effect, the process could be different at the end of next week. The Judge cited the “frequently asked questions” (FAQ) section of the ISP website could be used to inform residents of how to register.

The Judge declined to address the Second Amendment claim at this stage of litigation. He denied the Fourteenth Amendment claims and granted the Government’s Motion to Dismiss. The plaintiff’s motion was dismissed without prejudice, which means the motion can be refiled.

“For the reasons set forth above, the FFL Plaintiffs’ Motion for Preliminary Injunction is DENIED because their notice and vagueness claims under the Due Process Clause of the Fourteenth Amendment do not surmount the threshold phase of review and because the Court declines to address their Second Amendment claims at this preliminary stage of litigation,” the Judge ordered. “The Government’s Motion to Dismiss with respect to the notice and vagueness claims is GRANTED. Therefore, the FFL Plaintiffs’ notice and vagueness claims are DISMISSED without prejudice.”

The law is now in effect. The plaintiffs in the case are appealing the judge’s decision.

About John Crump

John is a NRA instructor and a constitutional activist. He has written about firearms, interviewed people of all walks of life, and on the Constitution. Mr. Crump lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.