Assault Weapons Ban Back On
An employee at a Springfield gun shop holds up a rifle.
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Just six days after a federal judge in southern Illinois put a hold on the state’s assault weapons ban, an appeals court judge in Chicago put the law back in place Thursday.
Seventh Circuit Court of Appeals Judge Frank Easterbrook, a Reagan appointee, granted an emergency motion from defendants like Attorney General Kwame Raoul and Governor JB Pritzker asking for a reversal of District Court Judge Stephen McGlynn’s order that put the law on hold.
“We are pleased with the court’s decision to stay the preliminary injunction issued by the Southern District,” Raoul said in a statement. “The decision means that the Protect Illinois Communities Act remains in effect throughout Illinois. We continue to be committed to defending the law’s constitutionality in court.”
Former NRA lobbyist and gun rights advocate Todd Vandermyde, who has been advising plaintiffs in the case, criticized the decision by the appellate judge
“It’s disappointing. But given who the judge is, not unexpected,” Vandermyde said, referring to previous rulings Easterbrook has made in high profile gun cases, including the assault weapons ban in the city of Highland Park. “He’s gotten it wrong in the past and he’s wrong again today.”
Vandermyde says he’s confident a three judge panel or the Supreme Court will reverse the decision by Easterbrook and, at least eventually, the law will be found unconstitutional.
Rep. Bob Morgan (D-Deerfield), who represents Highland Park and passed the ban in January, said the fight over the law will go on for some time.
“We know the fight isn’t over – the gun lobby will continue to try and block any common sense efforts to keep assault weapons off our streets,” Morgan said in a statement late Thursday. “But we aren’t backing down, and this ruling only strengthens our resolve and confidence. Assault weapons are killing machines that have caused carnage in too many of our communities, and this law is a powerful step forward on the path to ending the devastating scourge of gun violence in Illinois.”
In an e-mail to members, Illinois State Rifle Association Executive Director Richard Pearson echoed nearly the exact opposite sentiment of Morgan.
“Fortunately, the briefing is being completed on an expedited basis. We hope that once the court considers our position on the injunction and the law’s unconstitutionality, the stay will be denied,” he said. “The Illinois State Rifle Association will not stop fighting for our 2nd Amendment rights.”
Pritzker issued a statement Thursday evening calling the ruling a “step in the right direction that allows us to keep dangerous weapons off the street.”
It isn’t clear yet what the ruling means for any inventory gun shops may have received in recent days or any banned weapons that may have been sold since the ban was enjoined.
We’re told potentially thousands of the banned weapons were sold in the last week, and it isn’t clear what happens to any weapons that were purchased but are still within the state’s 72-hour waiting period.
We’ll keep checking on it.