(The Center Square) – A ruling on whether Illinois’ gun and magazine ban is unconstitutional is expected to come sometime after Monday.
Illinois banned the sale and possession of more than 170 semi-automatic firearms and magazines over certain capacities during lame duck session of the Illinois General Assembly in January 2023. Federal lawsuits were then filed against the law.
Southern District of Illinois federal Judge Stephen McGlynn gave litigants in the consolidated case a month to file final briefs when he wrapped up the four-day bench trial last month. He closed out the trial in East St. Louis, questioning what would have been different from the 1917 race riot in that city if the Black victims were able to protect themselves with the very firearms being debated.
“Black-owned houses were set on fire one by one as people escaped to other houses that were burned,” he said.
Attorney William Kirk, host of the popular YouTube channel Washington Gun Law, gave his predictions on what will happen.
“I’ll sum it up in four words. It’s going to be win, stay, appeal, lose,” Kirk told The Center Square. “I do believe the trial court is going to follow the law and you’re going to win and you’re going to get an injunction and I hope the injunction lasts a few days so at least the folks of Illinois can enjoy some semblance of freedom.”
McGlynn previously issued a preliminary injunction against the law in April 2023 that lasted six days before the appeals court blocked his order after a motion on appeal by the state.
The appeals court then ruled in favor of the state on preliminary grounds in August 2023, equating semi-automatic firearms like the AR-15 to military firearms that can switch to burst or full auto.
During the bench trial for final judgment in the district court last month, litigants provided expert testimony on whether the banned firearms are suitable for military use or for citizens to access for self defense.
But, while the appeals court may take up the case either way McGlynn rules, Kirk expects the challenge to Maryland’s gun ban to be picked up by the U.S. Supreme Court first.
“It would certainly affect everyone here in Illinois and what the Seventh Circuit should do in that situation is basically just sit on it, wait for the [U.S. Supreme Court] to rule and then make its ruling but it’s the Seventh Circuit so who knows,” Kirk said.
