Supreme Court allows Illinois 'assault weapons' ban to take effect

[libertybele]

I posted in "Illinois" thread as well ...  This is not good news.

Supreme Court allows Illinois 'assault weapons' ban to take effect

https://www.foxnews.com/politics/supreme-court-allows-illinois-assault-weapons-ban-take-effect

[sneakypete]

Unless I have read it incorrectly,the SC did NOT "allow a ban to take  effect". This is a TEMPORARY condition that does allow the ban to take effect until the suits have wound their way through the courts.

What should be interesting is the law suits from people whose family members were unarmed and unable to protect themselves from fatal criminal attacks while this  was in place. Truth to tell,MY biggest fear is that the courts will agree to make it permanent in order to prevent these lawsuits from happening.

Then again,I am not a lawyur and don't even play one on tb,so I might be wrong about it all.

[Kamaji]

Unless I have read it incorrectly,the SC did NOT "allow a ban to take  effect". This is a TEMPORARY condition that does allow the ban to take effect until the suits have wound their way through the courts.

What should be interesting is the law suits from people whose family members were unarmed and unable to protect themselves from fatal criminal attacks while this  was in place. Truth to tell,MY biggest fear is that the courts will agree to make it permanent in order to prevent these lawsuits from happening.

Then again,I am not a lawyur and don't even play one on tb,so I might be wrong about it all.

I believe you read it correctly.

[libertybele]

Unless I have read it incorrectly,the SC did NOT "allow a ban to take  effect". This is a TEMPORARY condition that does allow the ban to take effect until the suits have wound their way through the courts.

What should be interesting is the law suits from people whose family members were unarmed and unable to protect themselves from fatal criminal attacks while this  was in place. Truth to tell,MY biggest fear is that the courts will agree to make it permanent in order to prevent these lawsuits from happening.

Then again,I am not a lawyur and don't even play one on tb,so I might be wrong about it all.

Yes I get that, they ruled that the ban will remain in effect while the lower courts decide the constitutional status.

So, if the highest court in the land is going to rule the ban to remain in effect; how do you think the lower courts in liberal Illinois are going to rule??? And IF it goes back to SCOTUS, they've already ruled for the ban to remain. So, doubtful they would rule against the ban remaining.  That is at least how I'm seeing it.  The ban is pretty much a done deal.

[Timber Rattler]

It's a process ruling.  Roberts for a while now has signaled that he's tired of special interest groups by-passing the lower courts and running immediately to the SCOTUS for injunctions against whatever law or policy they are opposing.  SCOTUS is showing deference to the Federal District and Appeals Courts, and requiring "due process" to run its course through them first before reaching the high court.

[sneakypete]

Yes I get that, they ruled that the ban will remain in effect while the lower courts decide the constitutional status.

So, if the highest court in the land is going to rule the ban to remain in effect; how do you think the lower courts in liberal Illinois are going to rule??? And IF it goes back to SCOTUS, they've already ruled for the ban to remain. So, doubtful they would rule against the ban remaining.  That is at least how I'm seeing it.  The ban is pretty much a done deal.

@libertybele

I am afraid you are probably right,but it costs nothing to remain optimistic.

[Kamaji]

Yes I get that, they ruled that the ban will remain in effect while the lower courts decide the constitutional status.

So, if the highest court in the land is going to rule the ban to remain in effect; how do you think the lower courts in liberal Illinois are going to rule??? And IF it goes back to SCOTUS, they've already ruled for the ban to remain. So, doubtful they would rule against the ban remaining.  That is at least how I'm seeing it.  The ban is pretty much a done deal.

Not at all.  The Court ruled on a procedural point, not on the merits, and since the merits weren’t briefed, it will review the merits with a fresh eye if and when they get to the Court in due course.

[verga]

 

[GtHawk]

7th Circuit Court of Appeals Orders Expedited Review in IL ‘Assault’ Weapons & Large Mag Ban

U.S.A. — In a recent development concerning the Second Amendment, the Seventh Circuit Court of Appeals in Chicago, Illinois, has issued a significant order in the now-enjoined cases against the Illinois “assault” weapons ban and large-capacity magazines. This is a significant moment for firearm rights advocates nationwide, potentially setting a significant precedent in the gun control debate. Mark Smith, a Constitutional attorney and member of the United States Supreme Court bar, covered this story in depth in a video embedded above.

https://www.ammoland.com/2023/05/7th-circuit-court-of-appeals-orders-expedited-review-in-il-assault-weapons-large-mag-ban/?ct=t(RSS_EMAIL_CAMPAIGN)