CHICAGO, Ill. (IRN) — The preliminary injunction against Illinois’ gun and magazine ban has been reversed by the Seventh Circuit Court of Appeals.
Last Friday, Southern District of Illinois Judge Stephen McGlynn issued a preliminary injunction against the state from enforcing the ban while the case continues. The ban on more than 170 semi-automatic firearms and magazines over a certain capacity was enacted by Gov. J.B. Pritzker on Jan. 10. Following McGlynn’s action Friday halting enforcement of the ban, social media posts showed lines of patrons inside gun stores looking to buy items.
“Tonight is the busiest night yet!,” a Wednesday Facebook post from GAT Guns in East Dundee said. “We will halt sales and pick up at 7:30 so we can help the line of customers who are already in line! The earlier you can come in during the day the better!!!”
In the week since McGlynn’s order, gun rights advocate Todd Vandermyde said one gun store told him they’ve had their largest volume of sales ever.
“I was at a gun store yesterday, and he just got in a pile of firearms to restock his shelves,” Vandermyde told WMAY. “So, the gun stores, things are moving again.”
In response to the injunction, the state as defendants asked McGlynn to stay his injunction. After the judge scheduled briefings, the state motioned with the Seventh Circuit Court of Appeals to intervene and reverse the injunction while the case plays out.
Vandermyde said the state is “stamping their feet.”
“They’re just like, ’you got it wrong and the other judges up north got it right,’” he said. “And I’m not sure that’s the appropriate tact to take in this case.”
Thursday, Seventh Circuit Court of Appeals Circuit Judge Frank Easterbrook granted a stay on the injunction.
“Any response to the motion for a stay must be received by the close of business on May 9, 2023,” Easterbrook wrote.
In separate challenges of local and state level bans in the Northern District, two judges ruled in favor of gun and magazine bans, including the city of Naperville’s ban. With the Seventh Circuit Court of Appeals denying a motion for a preliminary injunction while the case proceeds on appeal, plaintiffs have requested that U.S. Supreme Court Justice Amy Coney Barret hear the motion.
Hannah Hill with the National Association for Gun Rights said they meet the standards for an injunction.
“Where this case gets complicated is when a judge or a court tries to wiggle their way around the very clear precedent of the Supreme Court,” Hill told The Center Square. “What we’re asking the Supreme Court to do is simply to uphold their own rulings. So yes, we absolutely are likely to prevail on our Second Amendment claims.”
Earlier this week, Barrett gave Naperville a May 8 deadline to respond. That’s the same date plaintiffs in the Southern District case have to respond to the state’s motion for McGlynn to stay his injunction.
Other federal cases include a challenge of Cook County and Chicago’s ban, which is now in the appeals court.
The federal cases are separate from the state-level challenges where the Illinois Supreme Court is set to hear oral arguments in that case May 16.
By GREG BISHOP for the Illinois Radio Network
