SIGforum.com    Main Page  Hop To Forum Categories  Gun Control Discussion    Illinois HB5855 AWB and magazine ban, 7th Circuit Court upholds ban 2-1, 11/03/23, full "en banc" DENIED 12/11/23, SCOTUS denies injunction 12/14/23
Page 1 2 3 4 
Go
New
Find
Notify
Tools
Reply
  
Illinois HB5855 AWB and magazine ban, 7th Circuit Court upholds ban 2-1, 11/03/23, full "en banc" DENIED 12/11/23, SCOTUS denies injunction 12/14/23 Login/Join 
Member
Picture of grumpy1
posted
EDIT 12/14/2023: Supreme Court denies injunction pending appeal in Bevis vs Naperville Illinois AWB.

EDIT 12/11/23: 7Th Circuit Court denies request to hear Illinois AWB "en banc" for review by all the judges. What will SCOTUS do if anything?

EDIT 11/03/23: 7th Circuit Court 3 judge panel upholds Illinois AWB 2-1

EDIT 5/04/23: AWB back on as 7th circuit court stays injunction.

https://twitter.com/gunpolicy/.../1654227277788467203

EDIT 4/28/23: State wide injunction in effect with expectations state will appeal.

https://www.thecentersquare.co...37-9f846d6fface.html

Looks like Illinois will be seeing an AWB and magazine ban real soon. Video says probably some time in January and too take effect immediately. Roll Eyes

I looked through the bill Il HB5855 (link below) for more details and from what I could see Illinois resident will be required to register a banned firearm they already own between 180 to 300 days after the law goes into effect for a $25 fee and there is NO grandfather clause for magazines over 10 rounds. Hopefully an injunction will be filed against it as soon as it is passed.

https://ilga.gov/legislation/f...0&SpecSess=&Session= -- Full Text of HB5855, go to page 52 for new AWB details.

These are the same geniuses that came up with the no cash bail to take effect Jan 1 including for crimes such as aggravated assault, kidnapping, armed robbery, aggravated DUI, and second degree murder.









https://nypost.com/2022/09/17/...tate-into-the-purge/

This message has been edited. Last edited by: grumpy1,
 
Posts: 9761 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
Wait, what?
Picture of gearhounds
posted Hide Post
I’m sure RayRay and the gang will be in full compliance over in Englewood and Garfield Park…




“Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown
 
Posts: 15653 | Location: Martinsburg WV | Registered: April 02, 2011Reply With QuoteReport This Post
Member
posted Hide Post
This is going to affect me. I live in IA but shoot at a nice club across the river in (cue ominous music) IL.

I'll read the bill later, but I do not expect to see an exemption for my ARs.

This message has been edited. Last edited by: Sigmund,
 
Posts: 15920 | Location: Eastern Iowa | Registered: May 21, 2000Reply With QuoteReport This Post
You have cow?
I lift cow!
posted Hide Post
You gotta be kidding me


------------------------------
http://defendersoffreedom.us/
 
Posts: 6989 | Location: Bay Area | Registered: December 09, 2007Reply With QuoteReport This Post
Member
posted Hide Post
Out of all of my "toys", 5 of them ARENT on that list.

I wonder how the CPD is going to react when we carry 10 round magazines.


______________________________________________________________________
"When its time to shoot, shoot. Dont talk!"

“What the government is good at is collecting taxes, taking away your freedoms and killing people. It’s not good at much else.” —Author Tom Clancy
 
Posts: 8374 | Location: Attempting to keep the noise down around Midway Airport | Registered: February 14, 2008Reply With QuoteReport This Post
Member
Picture of grumpy1
posted Hide Post
What the law considers an "assault rifle" beyond what is specifically named.

Interestingly my Colt MT6700 HBAR is excluded. apparently.

(S) Colt AR-15, CAR-15, and all imitations except Colt
AR-15 Sporter H-BAR rifle.


Below is just part of the information ================================

21 (3) "Assault weapon" means:
22 (A) An assault shotgun or rifle.
23 (B) An assault pistol.
24 (C) A semiautomatic, centerfire rifle that can accept
25 a detachable magazine and has at least one of the
26 following:
1 (i) A folding or telescoping stock.
2 (ii) Any grip of the weapon, including a pistol
3 grip, a thumbhole stock, or any other stock, the use of
4 which would allow an individual to grip the weapon,
5 resulting in any finger on the trigger hand in
6 addition to the trigger finger being directly below
7 any portion of the action of the weapon when firing.
8 (iii) A forward pistol grip.
9 (iv) A flash suppressor.
10 (v) A grenade launcher or flare launcher.
11 (D) A semiautomatic, centerfire rifle that has an
12 overall length of less than 30 inches.

13 (E) A semiautomatic pistol that can accept a
14 detachable magazine and has at least one of the following:
15 (i) An ability to accept a detachable ammunition
16 magazine that attaches at some location outside of the
17 pistol grip.
18 (ii) A threaded barrel capable of accepting a
19 flash suppressor, forward pistol grip or silencer.
20 (iii) A shroud that is attached to, or partially
21 or completely encircles, the barrel and that permits
22 the shooter to fire the firearm without being burned,
23 except a slide that encloses the barrel.
24 (iv) A second hand grip.

15 "Assault weapon" does not include:
16 (A) any firearm that:
17 (i) is manually operated by bolt, pump, lever, or
18 slide action;
19 (ii) is an unserviceable firearm or has been made
20 permanently inoperable;
21 (iii) is an antique firearm;
22 (iv) uses rimfire ammunition or cartridges; or
 
Posts: 9761 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
Member
Picture of AzMikeCFD102
posted Hide Post
Todd is both competent and professional as an Illinois pro-gun lobbyist.


1st Video

https://www.youtube.com/watch?v=Blg09OmASSg



Part 2

https://www.youtube.com/watch?v=0mnCahR8lsE



UPDATE

https://www.youtube.com/watch?v=92vUQAMcQMM






MAGA



NRA
Gun Owners of America

 
Posts: 388 | Location: Tucson, Az | Registered: August 17, 2016Reply With QuoteReport This Post
Member
Picture of grumpy1
posted Hide Post
Well word is the bill has passed the House and the Senate has it and they may do some minor changes. Could pass and be signed by the governor within days. Options for banned magazines are to turn into police, sell out of state, or permanently reduce magazine capacity to no more than 12. Short period to do that though, 90 days I believe before becoming a felon. It is now Illinois Senate Bill 2226,
 
Posts: 9761 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
Member
posted Hide Post
https://www.youtube.com/watch?v=6fJCnWhjBdo

I've always enjoyed Colion Noir's point of view. He's wicked smart and has a ton of common sense. Pretty much batting 1000 on this topic.


______________________________________________________________________
"When its time to shoot, shoot. Dont talk!"

“What the government is good at is collecting taxes, taking away your freedoms and killing people. It’s not good at much else.” —Author Tom Clancy
 
Posts: 8374 | Location: Attempting to keep the noise down around Midway Airport | Registered: February 14, 2008Reply With QuoteReport This Post
TANSTAAFL
posted Hide Post
That list is pretty similar to the one I have to deal with in MD.
 
Posts: 715 | Location: Baltimore til I can get out of there. | Registered: June 08, 2002Reply With QuoteReport This Post
Member
Picture of grumpy1
posted Hide Post
Well it passed the Illinois State senate yesterday and the house will vote on it today so it may very well be law mid week. Court challenges will be filed immediately.

Reports are of banning most semi auto rifle and "assault style" pistols that accept detachable magazines and
"assault shotguns". Grandfather clause that requires registering however with ISP including serial numbers. Interesting however news reports (AP) are saying gun stores can either send existing stock back to manufacturer or sell their inventory.

Magazine bans of over 10 for rifle and 15 for pistol. Supposedly grandfather clause for those but strict limits where they can be used including not in any public place, so not for carry.

Made red flag law much worse than they already are.

Mentions of "universal background checks" .

The Highland Park shooting already had bans in effect including local "assault weapon ban" and the event was a "gun free safe zone" but none of that stopped the murderer yet this new crap is supposed to. Roll Eyes Roll Eyes Roll Eyes



'
 
Posts: 9761 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
SIG's 'n Surefires
Picture of M-11
posted Hide Post
From an ISRA email:

"Illinois State Rifle Association, Firearms Policy Coalition, Inc., Second Amendment Foundation, and Lawful Gun Owners
File Complaint for Declaratory and Injunctive Relief



January 17, 2023, Chatsworth, IL—Lawful gun owners from around the State of Illinois, along with the Illinois State Rifle Association (ISRA), the Firearms Policy Coalition, Inc., and the Second Amendment Foundation, have filed a federal lawsuit in the United States District Court for the Southern District of Illinois against Illinois Attorney General Kwame Raoul, the Director of the Illinois State Police Brendan Reilly, and numerous Illinois States Attorneys challenging Illinois’ new law.



On January 10, 2023, Illinois Governor JB Pritzker signed legislation that enacted an extensive ban on firearms and high-capacity magazines in the state. Plaintiffs say the new law infringes on the rights of law-abiding citizens to keep and bear commonly possessed firearms and ammunition magazines for the defense of self and family and other lawful purposes.



“Governor Pritzker and the legislators who voted for this law did this for self-serving political purposes and are not upholding the United States Constitution,” said Richard Pearson, Executive Director of the ISRA. “The 2nd Amendment is fundamentally about self-defense, and the 14th Amendment is about not having our rights infringed. This new law makes criminals out of law-abiding citizens.



“The real problem is that there are existing gun laws that do not work because they are not enforced,” Pearson added. “We would all be much safer if the police had the resources they need, and there were stronger consequences for the non-law-abiding citizens.”

​​​​

​​​​​​​A resident of St. Clair County and two Illinois gun stores join the three non-profit organizations seeking declaratory and injunctive relief.



The ISRA is represented by the Law Firm of David G. Sigale, P.C. of Wheaton, IL

The entire lawsuit can be viewed here: https://www.dropbox.com/s/t4gn...ve%20Relief.pdf?dl=0


Image
Richard A Pearson
Executive Director
Illinois State Rifle Association"



"Common sense is wisdom with its sleeves rolled up." -Kyle Farnsworth
"Freedom of Speech does not guarantee freedom from consequences." -Mike Rowe
"Democracies aren't overthrown, they're given away." -George Lucas
 
Posts: 6880 | Location: IL, due south of the Arch | Registered: April 20, 2005Reply With QuoteReport This Post
Member
posted Hide Post
TRO granted, but apparently only for the plaintiffs specifically named in the lawsuit: https://www.msn.com/en-us/news...4e16a84c2ad51bb6b81c
 
Posts: 931 | Location: Midwest | Registered: April 13, 2013Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
posted Hide Post
Update...TRO now applies Statewide! Cool



____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 9013 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
Member
Picture of grumpy1
posted Hide Post
It doesn't apply to the whole state. The TRO is also on expedited appeal to the Illinois Supreme Court where there are 7 democrat justices and 2 republican justices.

https://www.thecentersquare.co..._campaign=user-share

The TRO remains in place only for the 866 plaintiffs as the case progresses in Effingham County circuit court, but it could be extrapolated elsewhere.

“That opinion would be binding on every circuit court in the state that might choose to consider this issue,” DeVore said.

 
Posts: 9761 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
posted Hide Post
Illinois assault weapons ban: Court upholds temporary restraining order
By Mike Flannery and FOX 32 News | Published January 31, 2023 4:34PM | Updated February 1, 2023 3:00PM | Gun Laws | FOX 32 Chicago


CHICAGO - An appellate court has upheld a Temporary Restraining Order (TRO) against Illinois’ assault weapons ban.

DeVore responds to appellate court upholding TRO on assault weapons ban

An appellate court has upheld a Temporary Restraining Order (TRO) against Illinois’ assault weapons ban, and expanded it to cover the entire state.

The TRO was issued by an Effingham County judge after attorney Thomas DeVore filed a lawsuit in state court against the law on behalf of 866 plaintiffs.

Tuesday’s ruling actually expands the restraining order statewide...

https://www.fox32chicago.com/n...ry-restraining-order

Is this reporting by the local Fox affiliate not accurate?


ETA - Also reported here:

Illinois loses appeal over gun control law, leaving restraining order in effect

quote:
After an appeal from Illinois Attorney General Kwame Raoul, Illinois' Fifth District appellate court ruled on Tuesday in a 2-to-1 decision that the temporary restraining order can stay in place, and also extends it statewide. Previously, the temporary restraining order only applied to the plaintiffs.

https://www.foxnews.com/politi...raining-order-effect

Seems like it's statewide to me... Wink

This message has been edited. Last edited by: nhracecraft,


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 9013 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
Member
Picture of grumpy1
posted Hide Post
The first link you posted from Fox is the latest and was updated today at 3:00 while the second link was from yesterday. In the first link it reads.

"Contrary to some reports, the TRO applies only to the plaintiffs who brought the legal challenge."

And that is also what Tom Devore who filed for the TRO says in his video, that I showed in my last post, repeatedly. He did say that “That opinion would be binding on every circuit court in the state that might choose to consider this issue,” Maybe that is where the confusion came from about the TRO being statewide believing that it applies to everyone but it doesn't
.
I was at Range USA this afternoon and they did not have any of the banned stuff on sale.
 
Posts: 9761 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
posted Hide Post
WTF, how the hell does this pass for journalism....Technically it reads both! Maybe they're report should have said the following then:

Contrary to some reports, including the one you're actually reading RIGHT NOW which contains statements to the contrary, the TRO applies only to the plaintiffs who brought the legal challenge. Roll Eyes


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 9013 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
Member
Picture of grumpy1
posted Hide Post
The TRO in White County, Devore's second lawsuit, also put into effect for it's plaintiffs. My LGS posted today they can sell banned firearms to the plaintiffs from both TRO except AR15 pistols as those are now considered SBRs.



 
Posts: 9761 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
Member
Picture of grumpy1
posted Hide Post
Some news on the cases going with one of the lawyers involved saying he believes there might be state wide relief in April via a federal case. Also keep an eye out for what happens in California as news is expected from there soon from Judge Benitez.

https://www.thecentersquare.co..._campaign=user-share

"On Tuesday, attorney Thomas DeVore filed with the Illinois Supreme Court a motion to consolidate his three cases from Effingham and White counties and the case from Macon county into one.

“When you bring them into one case, then you only have to do discovery one time,” DeVore told The Center Square. “Other depositions that we might do of the [Speaker of the House], of the [Senate President], might be identical. So there’s efficiency there.”

He said the cases he’s brought with thousands of plaintiffs and dozens of gun stores named is similar to the Macon County case with named plaintiffs and the association “Law-Abiding Gun Owners of Macon County.”

“Factual issues will be identical in this, regarding the record of the bill, etc,” DeVore said. “The legal issues will be identical.”

All state-level cases have temporary restraining orders in place against the state from enforcing the law, but only for named plaintiffs. DeVore said even if consolidation happens, which he said is likely, a state-wide injunction against the law won’t happen until the case is fully resolved.

“The only time there is going to be an injunction that might apply statewide is when we get to the end of the case and get in front of the supreme court of the state of Illinois,” DeVore said.

It’s the federal cases where there could be a preliminary injunction granted statewide. Attorney Thomas Maag said that could come sometime in April. In the meantime, Maag expects the state to respond to orders the judge issued Monday for defendants to produce a list of all banned items.


“That’s probably correct at this point. There have been some discussions among the parties in having the state file a unified response,” Maag said.

Maag’s case comes from Crawford County. The federal judge overseeing that case is also overseeing separate cases from the Illinois State Rifle Association, Federal Firearms Licensees of Illinois and the National Shooting Sports Foundation.

The federal cases have not been consolidated, something that could come about by a motion or by an order from the judge."

Todd Vandermyde talks about the judge issuing the order for the AG/state to provide a list of all banned items and why that is so important including for the right to repair.

 
Posts: 9761 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
  Powered by Social Strata Page 1 2 3 4  
 

SIGforum.com    Main Page  Hop To Forum Categories  Gun Control Discussion    Illinois HB5855 AWB and magazine ban, 7th Circuit Court upholds ban 2-1, 11/03/23, full "en banc" DENIED 12/11/23, SCOTUS denies injunction 12/14/23

© SIGforum 2024