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July 24, 2024

Appellate Court Stayed the Federal Court Injunction Against Illinois Gun / Magazine Ban Enforcement –

By John Kraft & Kirk Allen

On April 28, 2023

ILLINOIS (ECWd) –

UPDATE 5-4-2023:  The Federal Appeals Court STAYED the lower federal court’s injunction against enforcement of the gun/magazine ban. 

U.S. District Judge Stephen P. McGlynn, Southern District of Illinois, issued a 29-page Order for an Injunction against the state of Illinois’ enforcement of the recent gun and magazine ban signed by Governor Pritzker in January of this year.

This prohibits the state from enforcing the new gun ban law until the cases are properly disposed of.

Plaintiffs have satisfied their burden for a preliminary injunction. They have shown irreparable harm with no adequate remedy at law, a reasonable likelihood of success on the merits, that the public interest is in favor of the relief, and the balance of harm weighs in their favor. Therefore, the Plaintiffs’ motions for preliminary injunction are GRANTED. Defendants are ENJOINED from enforcing Illinois statutes 720 ILCS 5/24-1.9(b) and (c), and 720 ILCS 5/24-1.10, along with the PICA amended provisions set forth in 735 ILCS 5/24-1(a), including subparagraphs (11), (14), (15), and (16), statewide during the pendency of this litigation until the Court can address the merits.”

“The Court recognizes that the issues with which it is confronted are highly contentious and provoke strong emotions. Again, the Court’s ruling today is not a final resolution of the merits of the cases. Nothing in this order prevents the State from confronting firearm-related violence. There is a wide array of civil and criminal laws that permit the commitment and prosecution of those who use or may use firearms to commit crimes. Law enforcement and prosecutors should take their obligations to enforce these laws seriously. Families and the public at large should report concerning behavior. Judges should exercise their prudent judgment in committing individuals that pose a threat to the public and imposing sentences that punish, not just lightly inconvenience, those guilty of firearm-related crimes.”

Read the Order below:

SDIL-29-Page-GunBan-Injunction-4-28-2023-06915638974

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1 Comment
  • Sgt. Joe Friday (LAPD Ret.)
    Posted at 19:34h, 28 April Reply

    I like that judge. His message was clear…DO YOUR JOBS!

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