(The Center Square) – An appeal is expected in the case challenging Illinois’ and Naperville’s gun and magazine ban. Gun rights groups expect the ruling to be overturned.
The case challenging Naperville’s gun and magazine ban was filed in September. It was amended last month to include the state’s ban that was enacted on Jan. 10. After a hearing last month, Judge Virginia Kendall ruled the ban on certain weapons is “consistent” with the “historical tradition of firearms regulation.”
Gun control advocates praised Kendall’s decision.
“[Gun Violence Prevention PAC] welcomes the decision of Federal Judge Virginia Kendall upholding as ‘constitutionally sound’ the new Illinois law banning assault weapons and high capacity magazines,” the group said in a statement. “For all of us who worked to pass this law, and for all of the potential victims who will be protected by it, it is good news that the first judge to rule on the statute recognizes that it stands squarely in the historical U.S. tradition of banning dangerous weapons.”
Law Weapons’ attorney Jason Craddock told The Center Square his plans to appeal the ruling.
In the Southern District of Illinois, Guns Save Life founder John Boch is party to one of four different cases there. He doesn’t expect the northern district decision to impact their case.
“This is just a request for a preliminary injunction. This isn’t a final decision in the case and I think a different judge is going to have a very different view on the [New York State Rifle and Pistol Association v. Bruen] decision and its impact on the laws that Illinois has passed,” Boch told WMAY.
Two previous gun-related rulings from Kendall in the 2010 and 2014 cases Ezell v. Chicago were overturned by the court of appeals. Boch expects the same for Friday’s ruling.
“So I wouldn’t be surprised to see the Seventh Circuit Court of Appeals grant the injunction over Judge Kendall’s head,” Boch said. “It’s gonna be interesting to watch her get slapped down a third time because obviously, the Seventh Circuit Court of Appeals knows what the Bruen case means, it knows what the Second Amendment says and that’s gonna be that.”
Boch says the Bruen decision set a new precedent for Second Amendment cases to base rulings on “text and tradition” of the amendment, not on a balancing of public safety interests over civil liberties.
For the four cases in the southern district challenging Illinois’ gun ban, the state made a motion for a “Coordinated Preliminary Injunction Briefing.” When that will be due could range from Feb. 28 to March 2.
