Illinois loses appeal over gun control law

[Hawkeye]

https://www.foxnews.com/politics/illinois-loses-appeal-gun-control-law-leaving-restraining-order-effect

 

The appeals court upheld the original Effingham Devore ruling. Also looks like the TRO is to be applied statewide rather than just to the 850 plaintiffs in the case.

 

Moderators- please delete if there is already another thread on it.  I couldn't see one.

[Euler]

Judicial Second Amendment Case Discussion > Effingham Co - Accuracy Firearms, et al v Pritzker - Gun/Mag Ban - Att. Thomas DeVore

 

The TRO is not statewide.

[Tommy6862]

Read it.

[Euler]

On 1/31/2023 at 11:39 PM, Tommy6862 said:

Read it.

 

Already done.

 

On 1/31/2023 at 11:32 PM, Euler said:

Judicial Second Amendment Case Discussion > Effingham Co - Accuracy Firearms, et al v Pritzker - Gun/Mag Ban - Att. Thomas DeVore

 

The TRO is not statewide.

 

Fox is wrong.

[Loaded&Ready]

I've read the TRO is state wide from multiple sources.

[Upholder]

On 1/31/2023 at 11:22 PM, Loaded&Ready said:

I've read the TRO is state wide from multiple sources.

 

All of them are incorrect.

[Upholder]

https://www.thecentersquare.com/illinois/illinois-ag-to-request-expedited-review-of-gun-ban-challenge-upheld-by-appellate-court/article_af8c8db8-a1b5-11ed-8099-8f9ec6e1fa55.html

 

This article is accurate.

[BeardswithoutOperators]

This is great news!

[modeler1945]

On 1/31/2023 at 11:22 PM, Loaded&Ready said:

I've read the TRO is state wide from multiple sources.

DeVore himself said the TRO is NOT statewide.

 

Quote

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.

Meaning other courts should use this ruling as a guideline when determining whether to issue other TRO's in other cases challenging the process in which this bill was passed, and possibly cases challenging the AWB itself.

[mab22]

On 2/1/2023 at 8:26 AM, modeler1945 said:

DeVore himself said the TRO is NOT statewide.

 

Meaning other courts should use this ruling as a guideline when determining whether to issue other TRO's in other cases challenging the process in which this bill was passed, and possibly cases challenging the AWB itself.

Yep, and it only applies to people in case 1, waiting for case 2 judge to make decision on case 2 TRO. It is “suspected” , not guaranteed, that he will follow the appellate court decision, which will then apply the TRO to case 2 individuals only. 
 

He did mention possibly creating a case 3 in his video on Facebook video.
 

 

[cybermgk]

Hmmm.

 

Illinois is pushing this to be expedited to the SCOI.  HOPEFULLY that is only for the TRO.  Because, we, long term do NOT want this suit to be the one that gets the law booted, specially because of violating equal protection clause.  They will just pass another one without the carve outs.  Then we start this crap all over again.  We NEED a suit on the Constitutionality to kill the law, then they can't come back and try to ban them again.

[Sol-Invictus]

If the people with Extra Constitutional Rights get there Blue privilege REVOKED then it will all end. It will be funny if they pass it again and make them all have to leave their assault pistols at the station. Lol.  Next get rid of the crap where they carry all over the US using the same argument. Once they are reduced to mere citizen status, attitudes will change. 

[357]

The 14th Amendment was made for people like JB who think they're special. It specifically says no state shall make or enforce any laws. Bloomberg's law violates the 2nd Amendment, 4th Amendment, 5th Amendment and 14th Amendment.

 

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

[Rangerdeepv]

Junk Brain and the Constitution? They don't occupy the same space. This state is more and more quickly becoming Commiefornia.............

[Dumak_from_arfcom]

 

If they can't get a LEO/Security/.mil carve out the law will most likely be finished.   

 

IIRC the first bill in December's veto session did not have the carve outs and because of that they didn't have the votes.  They got the votes once the carve outs were included.  

 

And while it would force the Moms into pushing a reboot of the bill, during that period the law wouldn't be in effect and people could get their transfers done and stock up on forbidden stuff.  Meanwhile, more cases in other states will move forward setting better precedents for us. 

[RANDY]

I am thinking about how many other laws can be challenged and over turned because of that carveout.

[mab22]

On 2/1/2023 at 7:28 PM, RANDY said:

I am thinking about how many other laws can be challenged and over turned because of that carveout.

Thinking the Same thing, my property taxes in crook county have all sorts of “carve outs”.

Schools also have special carve outs for different people.  You have to pay X you don’t.

 

 

 

 

[357]

On 2/1/2023 at 7:24 PM, Dumak_from_arfcom said:

 

If they can't get a LEO/Security/.mil carve out the law will most likely be finished.   

 

IIRC the first bill in December's veto session did not have the carve outs and because of that they didn't have the votes.  They got the votes once the carve outs were included.  

 

And while it would force the Moms into pushing a reboot of the bill, during that period the law wouldn't be in effect and people could get their transfers done and stock up on forbidden stuff.  Meanwhile, more cases in other states will move forward setting better precedents for us. 

So they're done and don't have the votes if it gets thrown out on equal protection, that's the kryptonite and very good news.

[357]

Bloomberg's moms should find a new hobby. They can micromanage people's lives even more and tell people not to smoke cigarettes, their boss Bloomberg already succeeded by paying $160 million to ban E-cigarettes BTW banning nicotine is about control too, under the guise of caring about kids and Tucker Carlson had an episode about it.

 

 

https://www.philanthropy.com/article/bloombergs-millions-funded-an-effective-campaign-against-vaping-could-it-do-more-harm-than-good

[defaultdotxbe]

On 2/1/2023 at 7:28 PM, RANDY said:

I am thinking about how many other laws can be challenged and over turned because of that carveout.

I'm pretty sure all the local AWBs have LEO carve outs as well, so those would all be toast too.

[RANDY]

On 2/2/2023 at 8:50 AM, defaultdotxbe said:

I'm pretty sure all the local AWBs have LEO carve outs as well, so those would all be toast too.

In the end that equal protection clause may be a bigger winner than getting gun laws overturned.   Carveouts for law enforcement and prison guards in the CCL act would also be questioned.

[Tvandermyde]

the equal protection won;t be bigger than the 2A claim, becuase thats where the protection for the right flows from, it will create problems for the Satte in their exclusions and treatment of different groups like retired cops

[steveTA84]

On 2/3/2023 at 12:47 PM, Tvandermyde said:

the equal protection won;t be bigger than the 2A claim, becuase thats where the protection for the right flows from, it will create problems for the Satte in their exclusions and treatment of different groups like retired cops

Which is A Ok all around 

Edited February 3, 2023 at 09:52 PM by steveTA84