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Presidnt Trump's DOJ files amicus brief in 7th CC opposing Illinois AWB Login/Join 
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Picture of grumpy1
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For anyone who has any doubt about the commitment of President Trump and AG Pam Bondi to our Second Amendment Rights, there is no doubt any more that they are solidly behind our Second Amendment Rights.

The DOJ has filed an amicus brief in favor of law abiding gun owners for the Illinois AWB ban at the 7Th Circuit Court. William Kirk explains in much more detail in his video below.

https://bearingarms.com/camedw...d-amendment-n1228941

https://www.justice.gov/opa/media/1403731/dl?inline -- link to DOJ amicus brief

Partial copy of text from article.

"The brief, filed Friday with the Seventh Circuit Court of Appeals, marks the first time that the Department of Justice has formally opposed a ban on so-called assault weapons, and comes as part of President Donald Trump's executive order directing all federal agencies to take the appropriate steps to safeguard the right to keep and bear arms.

In the brief, the DOJ argues there are "three very good reasons" why the appellate court should reverse course and affirm the district court’s permanent injunction, despite overturning U.S. District Judge Stephen McGlynn's earlier decision granting a preliminary injunction against the gun and magazine ban.

The DOJ brief declares that the Seventh Circuit simply got it wrong in a previous case dealing with an "assault weapons ban" called Bevis v. Naperville, in which the court declared that AR-15s and other semi-automatic long guns are “militaristic” firearms that fall beyond the scope of the Second Amendment's protection... "

 
Posts: 10071 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
Frangas non Flectes
Picture of P220 Smudge
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I like it. I also saw that last week or so, they filed one in Hawaii as well. I'd like to see them eventually do it in all the super anti-2A states. Whatever the outcome, having the federal government outright say "this is a violation of a constitutional right" is huge.


______________________________________________
"If the truth shall kill them, let them die.”

Endeavoring to master the subtle art of the grapefruit spoon.
 
Posts: 18323 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
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Picture of grumpy1
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quote:
Originally posted by P220 Smudge:
I like it. I also saw that last week or so, they filed one in Hawaii as well. I'd like to see them eventually do it in all the super anti-2A states. Whatever the outcome, having the federal government outright say "this is a violation of a constitutional right" is huge.


I agree 100 percent and thanks for the update on Hawaii.

I am not a lawyer but I primarily follow Four Boxes Diner and Washington Gun law and they are both lawyers. It appears that the Trump DOJ getting involved with this may expedite things. There are already three Justices - Thomas, Alito, and Gorsuch that want to grant cert to an AWB case at SCOTUS. Justice Kavanaugh for some reason also is leaning that way but wants to give to lower courts more time as if over a decade screwing us on the Second Amendment has not been enough, though he did state something along the lines of the next year or two. Maybe this will push him over the edge and be the fourth Justice needed to grant cert to an AWB case sooner than later.

This info directly from the amicus brief is also very explicit on what is considered protected by the Second Amendment which is huge as democrats have been banning magazines, accessories, attachments, and parts. Many of them also say ammo and reloading components are not protected by the Second Amendment.

https://www.justice.gov/opa/media/1403731/dl?inline


"But to be clear, the Act is, in the United States’ view, unconstitutional to the extent
it bans the possession of any firearm attachments (not just magazines)
that are in common use by law-abiding citizens for lawful reasons. This
includes suppressors,

Several such corollaries receive Second Amendment protections.
The right to keep arms[] necessarily involves the right to purchase them,
to keep them in a state of efficiency for use, and to purchase and provide
ammunition suitable for such arms, and to keep them in repair.

Andrews, 50 Tenn. at 178. The right to keep and bear arms also involves
the “right to maintain proficiency in firearm use.” Ezell, 651 F.3d at 708.
And it involves the right to possess ammunition. See Miller, 307 U.S. at
180; see also Jackson v. City and County of San Francisco, 746 F.3d 953,
967 (9th Cir. 2014) (“without bullets, the right to bear arms would be
meaningless”). "
 
Posts: 10071 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
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I hope it finally pushes Roberts. The 2nd has been like an abandoned car rusting away on the courthouse steps for far too long. Everyone sees it but just keeps walking around it, as it stains the steps and our rights. Let it! Let it stain the marble so dark and so deep, we can never forget it. We can walk on it for another 250 years.
 
Posts: 1786 | Location: Illinois  | Registered: July 14, 2010Reply With QuoteReport This Post
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It's encouraging that under Bondi the DOJ seems to be going after this at all levels. In March DOJ initiated an investigation into Los Angeles County Sheriff's "pattern and practice" of issuing concealed carry permits (currently taking over 2 years from application to issuance).

Maybe this can be the beginning of a curb on some of middle finger waving at Bruen and 2A by the anti's.
 
Posts: 6 | Registered: June 15, 2025Reply With QuoteReport This Post
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