Global Courant 2023-04-19 11:33:38
A federal appeals court on Tuesday ruled to allow a ban on “assault weapons” to remain in effect statewide throughout the state of Illinois, denying a request from a business owner who claims the ban is unconstitutional.
The 7th U.S. Circuit Court of Appeals upheld a lower ruling by U.S. District Judge Virginia Kendall, who found the ban “constitutionally justifiable” despite the request for an injunction, the Chicago Sun-Times reported.
Robert Bevis, a gun shop owner in Naperville, is appealing the gun ban signed into law Jan. 10 by Governor JB Pritzker. High Council.
Bevis asked the appeals court to block the ban for himself and other business owners affected by the law so they can resume sales of the affected firearms.
GUN RIGHTS GROUP FILES LAW OVER ILLINOIS ASSAULT WEAPONS BAN
Illinois Governor JB Pritzker signed legislation on January 10, 2023 banning the sale of weapons classified as assault weapons, rifle magazines that hold more than 10 rounds, and handgun magazines that hold more than 15 rounds. (Scott Olson/Getty Images)
The legislation was introduced in January, six months after a shooting at the Highland Park parade on July 4 killed seven victims and injured more than 48 others.
The ban includes penalties for anyone who “carries or possesses an assault weapon or a .50 caliber rifle … manufactures, sells, supplies, imports or purchases.” Anyone legally possessing such a weapon had to register it with the state police.
High-capacity rifle magazines will no longer be on display at Freddie Bear Sports in Tinley Park, Illinois on January 11, 2023. (Scott Olson/Getty Images)
It also includes penalties for anyone who “sells, manufactures, supplies, imports, possesses or purchases an assault weapon or cartridge of .50 caliber”. It also prohibits any kits or tools used to increase the rate of fire of a semi-automatic firearm.
ILLINOIS SHERIFFS, LAWMAKER REFUSES TO ENFORCEMENT GOV’S ASSAULT WEAPON BAN: ‘AT RISK OF LOSE OUR COUNTRY’
The legislation also restricted the purchase of certain magazines for various weapons.
Gov. JB Pritzker greets voters as he campaigns in Bellwood, Illinois, on Nov. 1, 2022. (Erin Hooley/Chicago Tribune/Tribune News Service via Getty Images)
Gov. Pritzker, a billionaire Democrat, signed the controversial bill into law soon after.
The lawyers representing Bevis, owner and operator of Law Weapons & Supply in Naperville, Illinois, argue that their client has suffered from the ban and may have to close his business.
In the lower court ruling, Judge Kendall ruled that “because assault weapons are particularly dangerous weapons … their regulation is consistent with history and tradition,” the Chicago Sun-Times reported.
SEMI-AUTOMATIC Gun Ban Becomes ILLINOIS LAW
Workers began removing banned magazines from Freddie Bear Sports shortly after Illinois Governor JB Pritzker signed a bill banning them. (Scott Olson/Getty Images)
Bevis’ attorneys dispute this interpretation, arguing instead that previous Supreme Court rulings clarify that guns must be considered “dangerous and unusual” in order to be banned, according to the report.
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Because certain guns are “usually in the possession of law-abiding citizens for lawful purposes,” according to the Chicago Sun-Times, they meet the legal definition of “not uncommon” and thus cannot be banned.
Several legal challenges are still pending against the state’s ban.
