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April 18, 2024

Federal Court Denies TRO Regarding Naperville, IL Gun Ban

By Kirk Allen & John Kraft

On February 18, 2023

Illinois (ECWd) –

A denial to a TRO was issued yesterday regarding the Naperville, IL gun ban ordinance adopted by the city in August of 2022.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

“After several mass shootings nationwide, the City of Naperville enacted an Ordinance prohibiting the sale of assault weapons. Illinois followed shortly after with the Protect Illinois Communities Act, which bans the sale of both assault weapons and high-capacity magazines. Robert Bevis, who owns a local gun store in Naperville, Law Weapons, and the National Association of Gun Rights sued the state and city, alleging their laws violate the Second
Amendment. (Dkt. 48). They now move for a temporary restraining order and a preliminary injunction alleging that their constitutional rights are being violated by the bans. (Dkts. 10, 50). For the following reasons, the motions are denied. (Id.)”

The full order can be viewed below or downloaded at this link.

bevis_v_naperville_tro_ruling_2-17-23

 

 

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4 Comments
  • Gerard H Schilling
    Posted at 12:34h, 18 February

    This will do absolutely nothing except to drive Napervillians to buy their guns elsewhere. These stupid do gooders always confuse law abiding citizens with criminals who will never be controlled by these idiotic laws these bums pass!

  • Dave
    Posted at 12:58h, 18 February

    Right to Keep and Bear Arms Resolution

    WHEREAS, our Declaration of Independence is the Fundamental Act of our Founding and part of the US Code as Organic Law and recognizes that our Rights come from the Creator God; and that among these Rights is the Right of self-defense; and

    WHEREAS, our Declaration of Independence recognizes that the purpose of government is to secure the Rights God gave us; and

    WHEREAS, our Constitution of the United States is one of enumerated powers only; and WE THE PEOPLE did not grant to the federal government any power whatsoever over the Country at Large to restrict our arms; and

    WHEREAS, the Second Amendment of the Constitution of the United States acknowledges: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”; and

    WHEREAS, Article I, Section 22 of the Constitution of the State of Illinois acknowledges: “Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.” and

    WHEREAS, Article XII, Section 1 of the Constitution of the State of Illinois acknowledges: “The State militia consists of all able-bodied persons residing in the State except those exempted by law.”

    NOW THEREFOR, BE IT RESOLVED:

    1. That all federal laws, regulations, judicial opinions, and other edicts for the Country at Large which pretend to restrict THE PEOPLES’ arms in any fashion whatsoever are unlawful as in violation of our Declaration of Independence; and are unconstitutional as outside the scope of powers granted to the federal government in the Constitution of the United States; and as in violation of the Second Amendment; and

    2. That all State laws, regulations, judicial opinions, and other edicts purporting to apply to the State at Large which pretend to restrict THE PEOPLES’ arms in any fashion whatsoever are unlawful as in violation of our Declaration of Independence; and are unconstitutional as in violation of Article I, §8, clauses 15 and 16 of the Constitution of the United States [those which interfere with Congress’ power to “organize, arm, and discipline, the Militia]; as in violation of the Second Amendment of the Constitution of the United States; and as in violation of Article XII, Section 1 of the Constitution of the State of Illinois and Article I, Section 22 of the Constitution of the State of Illinois.

    3. That all State laws, regulations, judicial opinions, and other edicts purporting to apply to the State at Large which pretend to restrict THE PEOPLES’ arms in any fashion whatsoever are unlawful as in violation of our Declaration of Independence; and are unconstitutional within the meaning of the Supremacy Clause (Art. VI, cl. 2, US Constitution)

    When a state government arrogantly refuses to follow or enact laws in pursuance of the U.S. and Illinois state constitutions their action is lawless; it’s not restrained or controlled by law, not regulated by or based on law. It is a Principle of Law that a “law” which is contrary to the Constitutions is “no law at all”. it is void ab initio (void from the beginning) and binds no one.

    The function of a state constitution is to create the civil government and define its lawful powers; the state constitution tells govt:
    • What it must do
    • What it can’t do
    • And what it may lawfully do

    Obeying the state constitution is not optional for the Illinois state govt, they are not all powerful

    “Necessary” isn’t a constitutional argument.

  • Cindy
    Posted at 20:07h, 18 February

    That judge made statements that are wholly untrue by using the fake description of assault weapons. He should know better than to repeat lies. Infuriating how they change the language all the time to suit their own agendas!

  • Paul Kersey
    Posted at 21:58h, 20 February

    Mass shootings by the fascist regime to take away our guns so they can invade our house and inject us with whatever they want…. wake up.

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