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Decision on Illinois gun ban expected after Monday

(The Center Square) – A decision on whether Illinois’ ban on guns and magazines is unconstitutional is expected to come after Monday.

Illinois banned the sale and possession of more than 170 semi-automatic firearms and magazines above certain capacities during the lame duck session of the Illinois General Assembly in January 2023. Lawsuits Federal lawsuits were subsequently filed against the law.

Federal Judge Stephen McGlynn of the Southern District of Illinois gave litigants in the consolidated case a month to file their closing briefs when he finished the four-day trial last month. He closed the trial in East St. Louis, wondering what would have been different from that city’s 1917 race riot if black victims had been able to protect themselves with the same guns under debate.

“Black-owned homes were set on fire one by one as people fled to other homes that were set on fire,” he said.

Attorney William Kirk, host of the popular Washington Gun Law YouTube channel, gave his predictions about what will happen.

“I’ll sum it up in four words. It’s going to be win, stay, appeal, lose,” Kirk told Center Square. “I 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 for a few days so at least the people of Illinois can enjoy a 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 state appeal request.

The appeals court then ruled in favor of the state on preliminary grounds in August 2023, equating semi-automatic firearms like the AR-15 with military firearms that can switch to burst mode or fully automatic.

During the trial for final judgment in District Court last month, the litigants provided expert testimony on whether the banned firearms were suitable for military use or whether citizens could access them to defend themselves.

But, even if the appeals court can take the case either way McGlynn decides, Kirk expects the challenge to Maryland’s gun ban to be first noted by the United States Supreme Court.

“It would certainly affect everyone here in Illinois and what the Seventh Circuit should do in this situation is just sit on it, wait for the (U.S. Supreme Court) to rule and then make its decision, but it’s the Seventh Circuit, so who knows,” Kirk said.