{"id":92909,"date":"2023-05-17T12:06:12","date_gmt":"2023-05-17T17:06:12","guid":{"rendered":"https:\/\/milesfortis.com\/?p=92909"},"modified":"2023-05-17T12:06:12","modified_gmt":"2023-05-17T17:06:12","slug":"92909","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=92909","title":{"rendered":""},"content":{"rendered":"

Supreme Court Decides Against Early Intervention in Illinois AR-15 Ban Case<\/a><\/p>\n

The Supreme Court has declined to issue an emergency injunction request against an Illinois city\u2019s \u201cassault weapons\u201d ban on Wednesday.<\/p>\n

The request was made by the National Association for Gun Rights (NAGR), which has challenged a ban on AR-15s and similar firearms enacted by Naperville, Illinois. Justice Amy Coney Barrett, who oversees the circuit the case is filed in, requested a brief from the city in defense of its law after the gun-rights group asked the Court to intervene because a lower court upheld the ban.<\/p>\n

\u201cThe application for a writ of injunction pending appeal presented to Justice Barrett and by her referred to the Court is denied,\u201d the\u00a0order in\u00a0NAGR v. Naperville<\/em>\u00a0reads<\/a>.<\/p>\n

Barrett\u2019s request for a brief<\/a>\u00a0in the case opened the possibility that the Court might be willing to jump the line and block the city\u2019s ban on an emergency basis. That would have been a rare move, which the Court\u00a0also declined to do in two recent Second Amendment cases challenging New York\u2019s latest gun restrictions<\/a>. The Court taking the less aggressive path of allowing the case to play out on the merits in the lower courts before deciding whether or not to get involved represents a setback for gun-rights advocates who had hoped they could achieve a quick win on the issue of assault weapons bans.<\/p>\n

Naperville said it is \u201cpleased\u201d with the decision and vowed to continue defending its ban.<\/p>\n

\u201cThe City\u2019s ordinance is intended to protect the health and safety of our community,\u201d Linda L. LaCloche, director of communications for the city manager\u2019s office, told\u00a0The Reload<\/em>. \u201cWe will continue to defend the ordinance against legal challenges and expect future court decisions as the legal process runs its course.\u201d<\/p>\n

The case against Naperville\u2019s ban is separate from the newer statewide ban. Naperville enacted its ban in August 2022. State lawmakers passed their ban in January 2023. Both have faced significant backlash from gun-rights supporters but the statewide ban has come under even more intense scrutiny since its passage.<\/p>\n

The statewide ban has since been ruled unconstitutional in\u00a0state<\/a>\u00a0and\u00a0federal court,<\/a>\u00a0though those rulings have since been stayed by higher courts. Oral arguments in the case against the statewide ban were\u00a0heard at the Illinois Supreme Court yesterday<\/a>. It has also faced\u00a0backlash from a majority of Illinois sheriffs<\/a>\u00a0who say they won\u2019t enforce the ban because they consider it unconstitutional.<\/p>\n

The Naperville ordinance has fared better by comparison. A federal district judge denied a preliminary injunction against the Naperville ordinance in February, and the Seventh Circuit rejected NAGR\u2019s request to block enforcement of the law while its appeal is being processed. Now, the Supreme Court has done the same.<\/p>\n

The Court\u2019s denial of NAGR\u2019s request in the Naperville case was done without any comment or noted dissents. That sets it apart from one of the emergency injunction denials in the New York Second Amendment cases. In\u00a0Antonyuk v. Nigrelli<\/em><\/a>, Justice Samuel Alito, joined by Justice Clarence Thomas, noted the Court\u2019s decision not to intervene on an emergency basis reflected its deference to lower court proceedings rather than an endorsement of New York\u2019s new gun restrictions.<\/p>\n

\u201cI understand the Court\u2019s denial today to reflect respect for the Second Circuit\u2019s procedures in managing its own docket, rather than expressing any view on the merits of the case,\u201d Alito wrote.<\/p>\n

The pair said the New York law in question presents \u201cnovel and serious questions under both the First and the Second Amendments\u201d and went on to praise the district court\u2019s ruling against much of the law as \u201ca thorough opinion.\u201d It noted the Second Circuit Court of Appeals had issued \u201cunreasoned summary stay orders\u201d against the injunctions in\u00a0Anyonyuk<\/em>\u00a0and several other cases involving the New York law before encouraging the plaintiffs to refile for emergency relief if the lower court drags its feet.<\/p>\n

\u201cApplicants should not be deterred by today\u2019s order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal,\u201d Alito wrote.<\/p>\n

In\u00a0NAGR v. Naperville<\/em>, none of the justices said anything about the district court\u2019s decision to uphold the city\u2019s ban on the sale of AR-15s and other popular firearms. That provides less insight into how the justices may feel about the case itself beyond agreeing not to get involved at this point.<\/p>\n

NAGR did not respond to a request for comment on the Court\u2019s denial.<\/p>\n","protected":false},"excerpt":{"rendered":"

Supreme Court Decides Against Early Intervention in Illinois AR-15 Ban Case The Supreme Court has declined to issue an emergency injunction request against an Illinois city\u2019s \u201cassault weapons\u201d ban on Wednesday. The request was made by the National Association for Gun Rights (NAGR), which has challenged a ban on AR-15s and similar firearms enacted by … Continue reading “”<\/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":[23,96,11,8],"tags":[],"class_list":["post-92909","post","type-post","status-publish","format-standard","hentry","category-courts","category-cowardice","category-crap-for-brains","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/92909","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=92909"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/92909\/revisions"}],"predecessor-version":[{"id":92910,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/92909\/revisions\/92910"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=92909"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=92909"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=92909"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}