Supreme Court Allows Illinois Gun Ban to Stay in Place

By Jerry McConway, updated on December 15, 2023

An order came down from the Supreme Court this week that absolutely stunned conservatives.

The Supreme Court rejected a request by the National Association for Gun Rights to have a preliminary injunction while a case challenging the automatic weapons ban in Illinois is litigated through the lower courts.

Talking Points…

  • The lawsuit
  • Supreme Court denial
  • Analysis

The Lawsuit

The lawsuit was initially filed by a local small business owner against the legislation that Governor Pritzker signed that would penalize anyone who "carries or possesses… manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle," also including penalties for those who sell these items.  The business owner cited that the new law was destroying his business.

Gun rights groups got on board, asking for the Supreme Court to issue an injunction against the government while this all plays out in the courts.

Supreme Court Denial

Much to most conservatives' surprise, the court declined the motion, with no listed dissents and no explanation, which means the gun ban will remain in place while this case works its way through the lower courts and, eventually, to the Supreme Court if there is no satisfaction on appeal.

After the ruling, the National Association for Gun Rights stated:

"A right delayed is a right denied, and every day these gun bans are enforced is a travesty to freedom. We will be back to the Supreme Court as soon as our legal team finishes drafting our cert petition, and they will have to decide if they really meant what they said in Heller and Bruen."

Analysis

As noted above, I was a bit shocked when this ruling came down based on previous decisions by the court to allow an injunction while the case played out.

This court, however, has been particularly weary about gun rights cases with a rise in mass shootings around the country, so my guess is that they are treading lightly on this, not wanting to take criticism knowing the case will wind up before the court at some point in the near future.

So far, after losing the case in the lower court, the law has been upheld by the Illinois Supreme Court in a 4-3 ruling, and the 7th District Court of Appeals also refused to block the law.

With the law remaining in effect, current owners of any weapons banned under the new law must have their firearms registered with the state no later than January 1, 2024.

This law is clearly being watched by both blue and red states around the country. If it holds up through the Supreme Court, you will see copycat legislation passed in blue states as well as a Democrat effort in red states to pass legislation like this.

About Jerry McConway

Jerry McConway is an independent political author and investigator who lives in Dallas, Texas. He has spent years building a strong following of readers who know that he will write what he believes is true, even if it means criticizing politicians his followers support. His readers have come to expect his integrity.

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