Caught in the Middle: How Latest Court Ruling Leaves Illinois Gun Buyers in Limbo
By Fred Riehl and AI technology. Note: This article was generated using AI technology and may contain some automated content and analysis.
Gun buyers in Illinois who initiated firearms transfers during the six-day window when the state was enjoined from enforcing a ban on more than 170 semi-automatic guns and certain magazines are in limbo now that the law is back in effect.
The Seventh Circuit Court of Appeals looks to consolidate several gun ban challenges into one. On April 28, Southern District of Illinois federal Judge Stephen McGlynn enjoined the state from enforcing the ban, which led to record gun sales in the state. However, late Thursday, the Seventh Circuit Court of Appeals issued a stay on that injunction, halting sales while the case proceeds.
As reported by Advantagenews.com, Maxon Shooter’s Supplies owner, Dan Eldridge, said there is no provision allowing for sales to be completed this time, unlike when the ban was first implemented on Jan. 10. Eldridge advised customers to sit tight while they appeal the decision, seek clarity from Judge McGlynn on his order, and determine whether they can open the window to deliver people their property.
Similarly, GAT Guns compliance officer Nicole Guvenzo said that when the injunction was in place, they had a large volume of buyers. However, the stay of the injunction turned that off, leaving some gun buyers lingering. They are seeking legal counsel on whether they can complete these transactions or not.
The Illinois State Police said that if a purchase were initiated but not completed between the injunction and the stay, the delivery of such weapons would be unlawful. Moreover, if the purchase of a firearm or firearm attachment banned under the Protect Illinois Communities Act was initiated and completed during the window of April 28, 2023, until the stay of such Order by the U.S. Appellate Court on May 4, 2023, the possession of such weapon would be unlawful beginning January 1, 2024. Persons who possess a banned firearm or firearm attachment are required to endorse an affidavit by January 1, 2024, stating that any banned firearm or firearm attachments were possessed before the enactment of PICA (January 10, 2023).
While anti-gun Governor J.B. Pritzker praised the stay in a tweet, stating that restoring the law allows the state to keep dangerous weapons off the street, gun control advocates applauded the appeals court’s stay.
Illinois’ ban on the sale of assault weapons and high capacity magazines is back in full force.
We took a stand against the gun lobby to keep our communities safe.
With these dangerous weapons off the streets, we can breathe a sigh of relief on the right side of history. https://t.co/Z2qxHPVKno
— Governor JB Pritzker (@GovPritzker) May 5, 2023
On the other hand, Maxon Shooter’s Eldridge said there was no emergency to prompt such action, and law-abiding Illinois citizens were going about their lawful business buying guns like they have been doing for the last 20 or 30 years.
The plaintiffs in the Southern District case have until Tuesday, May 9th, 2023, to reply to the stay issued by the Seventh Circuit. Moreover, on Monday, Naperville must answer to U.S. Supreme Court Justice Amy Coney Barrett in a motion for an emergency injunction sought by plaintiffs Law Weapons.
Twitter was ablaze with reactions to the news, with some Illinoisans expressing frustration with the state government.
Buy a gun during the injunction? That’ll be illegal if the ban is upheld. From @ILStatePolice: “Persons who possess a banned firearm or firearm attachment are required to endorse an affidavit by January 1, 2024, stating that any banned firearm or firearm attachments were… pic.twitter.com/knJdv2lyW0
— Bishop On Air (@BishopOnAir) May 5, 2023
One user [Breaks Things] posted a map of Illinois, showing the green counties that are all the counties whose sheriffs refuse to enforce the law, stating that a law does not exist if no one is willing to enforce it.
Here’s a map of Illinois. The green counties are all the counties whose sheriffs refuse to enforce the law. A law does not exist if no one is willing to enforce it. pic.twitter.com/MW4jc8lKzW
— Breaks Things (@M1d4sToNeg1) May 6, 2023
Another user [Christopher Darr] said that Illinois is a lost cause, and they are leaving as soon as they can, taking their pension dollars with them. Another user [ Inquisitor Aurora Dawn ] criticized the Illinois government for not doing anything about getting guns away from career criminals in Chicago yet being more than willing to disarm their population door-to-door.
Illinois government haven’t done a damn thing about getting guns away from career criminals in Chicago yet are more than willing to disarm their population door to door
— Inquisitor Aurora Dawn (@AuroraAfterglow) May 6, 2023
Some users expressed their disapproval of the ban, with one user [ OldSchool ] stating that they could take their unconstitutional nonsense and stuff it. One user [Liquid7Lobotomy] raised concerns about coerced self-incrimination, stating that fact is a violation of the Fifth Amendment.
So, let’s just say someone bought a firearm after enactment.
Stating that fact is coerced self-incrimination. A violation of the 5th Amendment.
— Liquid7Lobotomy (@Liquid7Lobotomy) May 5, 2023
It is unclear when or how the U.S. Supreme Court will fully resolve the gun ban challenges. However, on Friday, the Seventh Circuit Court of Appeals ordered the four plaintiffs’ groups challenging Illinois’ gun ban in the Southern District of Illinois to consolidate with five cases consolidated together in the Northern District of Illinois. Responses are due on May 11th, 2023.
Illinois gun buyers who started to purchase firearms during the window between the injunction and the stay of the Protect Illinois Communities Act are now in limbo, with some unsure whether they can complete their transactions. The legal battle over the gun ban challenges in Illinois continues, and patriots are hoping the Supreme Court of the United States rules for the people’s right to keep and bear arms.