{"id":91831,"date":"2023-04-13T08:58:25","date_gmt":"2023-04-13T13:58:25","guid":{"rendered":"https:\/\/milesfortis.com\/?p=91831"},"modified":"2023-04-13T08:58:25","modified_gmt":"2023-04-13T13:58:25","slug":"91831","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=91831","title":{"rendered":""},"content":{"rendered":"<p><a href=\"https:\/\/bearingarms.com\/camedwards\/2023\/04\/13\/federal-judge-appears-skeptical-of-illinois-assault-weapons-magazine-ban-n69431\" target=\"_blank\" rel=\"noopener\">Federal judge appears skeptical of Illinois &#8220;assault weapons&#8221;, magazine ban<\/a><\/p>\n<p>U.S. District Judge Stephen McGlynn had tough questions for both sides during Wednesday\u2019s hearing on a request to halt enforcement of Illinois\u2019 ban on so-called assault weapons and large capacity magazines, but appeared to be skeptical of the state\u2019s argument that the new law doesn\u2019t infringe on the rights of state residents.<\/p>\n<p>Plaintiffs\u2019 attorney Erin Murphy was first up in challenging the ban imposed by lawmakers in early January, and handled McGlynn\u2019s probing questions well; including this exchange over the limits of the legislature\u2019s authority.<\/p>\n<p><!--more--><\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">Judge McGlynn says 200 years ago, it was not possible to use available firearms to kill 20 people, asks if the legislature is out of bounds restricting things.<\/p>\n<p>&mdash; Bishop On Air (@BishopOnAir) <a href=\"https:\/\/twitter.com\/BishopOnAir\/status\/1646229270564331522?ref_src=twsrc%5Etfw\">April 12, 2023<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>One of the most interesting moments of the hearing came when one of the defendants in the lawsuit ended up arguing in support of the defendants. [plaintiffs]<\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">Troy Owens, with the McHenry County State\u2019s Attorney\u2019s office as defendants, sides with the plaintiffs on this case. Note: they are also plaintiffs in the Northern District challenging the gun ban. Says injunction should be granted.<\/p>\n<p>&mdash; Bishop On Air (@BishopOnAir) <a href=\"https:\/\/twitter.com\/BishopOnAir\/status\/1646237712876285952?ref_src=twsrc%5Etfw\">April 12, 2023<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>The state\u2019s attorneys, on the other hand, claim that modern sporting rifles fall outside the scope of the Second Amendment\u2019s protections, and can be banned outright without infringing on the rights of Illinois residents.<\/p>\n<blockquote><p>For the defense, Christopher Wells, chief of the public interest division in the Illinois attorney general\u2019s office, argued that the case law cited by the plaintiffs did not meet the burden to strike down the weapons ban.<\/p>\n<p>He sought to compare military-use rifles, like M-16s, with AR-15s, which are subject to Illinois\u2019 gun ban and have been blamed on many mass shootings in the U.S., and argued there isn\u2019t much \u201cfunctional difference\u201d between the two weapons.<\/p>\n<p>At one point, McGlynn went back and forth with Wells, questioning why guns with certain safety features, such as an arm brace, are subject to the ban.<\/p>\n<p>\u201cYou\u2019re making it illegal and you\u2019re making it illegal for people\u201d who can use those guns for self-defense, McGlynn said.<\/p>\n<p>\u201cThose features are associated with mass shootings and other criminal uses,\u201d Wells told the judge.<\/p>\n<p>\u201cThink about how we regulate many dangerous things in society,\u201d Wells told the judge at one point, pointing to laws against unsafe baby cribs.<\/p>\n<p>\u201cBaby cribs are not specifically protected by the Constitution,\u201d McGlynn replied, while adding that he understood the analogy.<\/p><\/blockquote>\n<p>While the state argued that AR-15s and other modern sporting rifles are unsuitable for self-defense and therefore aren\u2019t protected by the Second Amendment, McGlynn appeared to be unconvinced.<\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">Wells discusses Heller. Says protected arms are those for self defense. Others with different use are not protected. McGlynn asks who gets to choose what weapon law abiding can use for for self defense. Wells says the use and attributes are the difference.<\/p>\n<p>&mdash; Bishop On Air (@BishopOnAir) <a href=\"https:\/\/twitter.com\/BishopOnAir\/status\/1646247701380579331?ref_src=twsrc%5Etfw\">April 12, 2023<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>I think McGlynn\u2019s closing comments were pretty telling as well.<\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">Plaintiffs finish: these are advancements that have been welcomed developments that people want to see in firearms and courts say if they&#39;re common, they can&#39;t be banned.<\/p>\n<p>&mdash; Bishop On Air (@BishopOnAir) <a href=\"https:\/\/twitter.com\/BishopOnAir\/status\/1646268339839270914?ref_src=twsrc%5Etfw\">April 12, 2023<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>This doesn\u2019t mean that McGlynn is a lock to grant the injunction, but it\u2019s hard to see this exchange as a negative for gun owners and opponents of the ban.<\/p>\n<p>There\u2019s no word on when McGlynn will issue his decision, but I don\u2019t think we\u2019ll have to wait too long to learn what he has to say.<\/p>\n<p>Of course, no matter how the judge decides, the losing side is likely to appeal to the Seventh Circuit (and ultimately the Supreme Court), and the state Supreme Court will get its own chance to weigh in next month when it takes up several county-level challenges to the ban that have resulted in TROs being issued by multiple circuit court judges.<\/p>\n<p>For now, the ban remains in effect for most of the state (with the exception of those plaintiffs covered by the TROs), but the long term viability of law is very much in doubt. No matter how hard the state tries to argue that modern sporting rifles are not in common use, are not suitable for self-defense, or represent an \u201cunprecedented societal change,\u201d the fact remains that the state has criminalized the mere possession of some of the most popular arms in the country. That sounds like an infringement to me, and I suspect that McGlynn feels the same way.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Federal judge appears skeptical of Illinois &#8220;assault weapons&#8221;, magazine ban U.S. District Judge Stephen McGlynn had tough questions for both sides during Wednesday\u2019s hearing on a request to halt enforcement of Illinois\u2019 ban on so-called assault weapons and large capacity magazines, but appeared to be skeptical of the state\u2019s argument that the new law doesn\u2019t &hellip; <a href=\"https:\/\/milesfortis.com\/?p=91831\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,50,8],"tags":[],"class_list":["post-91831","post","type-post","status-publish","format-standard","hentry","category-courts","category-goobermint","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/91831","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=91831"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/91831\/revisions"}],"predecessor-version":[{"id":91832,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/91831\/revisions\/91832"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=91831"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=91831"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=91831"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}