Supreme Court considers granting injunction against local gun law

 May 3, 2023

The city of Naperville, Illinois made headlines last year when it outlawed the sale of many commonly owned semi-automatic firearms.

While many liberals initially welcomed the move, a recent decision from the Supreme Court may give them reason to panic. 

Justice gives city until Monday to respond

According to the Chicago Tribune, Napier's so-called assault weapons ban is facing a legal challenge from local gun shop owner Robert Bevis along with the National Association for Gun Rights.

Bevis and the National Association for Gun Rights previously asked for a temporary injunction to be issued against the ordinance.

However, that request was denied by U.S. District Judge Virginia Kendall, who was nominated by President George W. Bush. The plaintiffs responded by appealing to the U.S. Court of Appeals for the 7th Circuit, but it also ruled against them.

That led them to request an emergency injunction from the Supreme Court, and Justice Amy Coney Barrett has given Naperville until next Monday to file a response.

State assault weapons ban also being challenged

Naperville's ordinance isn't the only gun law facing scrutiny, as the Protect Illinois Communities Act (PICA) is also being challenged.

That legislation was passed by Illinois lawmakers last year following a mass shooting on Independence Day and is the subject of two court cases.

According to Breitbart, Trump-appointed U.S. District Judge Stephen P. McGlynn issued an injunction last Friday to prevent the law from being enforced.

McGlynn pointed to the Supreme Court's holding last year in New York State Rifle & Pistol Association, Inc. v. Bruen. It ruled that gun regulations must be "rooted in the Second Amendment’s text, as informed by history."

Divergent rulings from Trump and Biden-appointed judges

"Can the senseless crimes of a relative few be so despicable to justify the infringement of the constitutional rights of law-abiding individuals in hopes that such crimes will then abate or, at least, not be as horrific?" McGlynn asked in his decision.

He went on to stress that there are "a wide array of civil and criminal laws that permit the commitment and prosecution of those who use or may use firearms to commit crimes," adding, "Law enforcement and prosecutors should take their obligations to enforce these laws seriously."

However, Fox News reported that McGlynn's ruling came even as Biden-appointed U.S. District Judge Lindsay Jenkins refused a separate request to block PICA.

"The challenged restrictions on semiautomatic weapons and large-capacity magazines … are consistent with ‘the Nation’s historical tradition of firearm regulation,' namely the history and tradition of regulating particularly ‘dangerous’ weapons," she wrote.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
© 2015 - 2024 Conservative Institute. All Rights Reserved.