Saturday, April 29, 2023

Judicial Immodesty: 191 guns is not too many. Illinois can't bar possession - Judge MCGlynn

Common sense is a terrible guide to law.  Almost as bad as the expertise of the passionate... the sort of know it all superiority of the gun afficionado which we see at Eugene Volokh's blog   Thus we have a District Judge striking an Illinois law, thus allowing the plaintiff gun enthusiast (understatement) to buy an assault rifle - like one user did last night in D.C.   - GWC  
 Caleb v. Raoul
By Stephen P. McGlynn
U.S. D. J., S.D.Illinois
April 28, 2023
In no way does this Court minimize the damage caused when a firearm is used for an unlawful purpose; however, this Court must be mindful of the rights guaranteed by the Constitution. While PICA was purportedly enacted in response to the Highland Park shooting, it does not appear that the legislature considered an individual’s right under the Second Amendment nor Supreme Court precedent. Moreover, PICA did not just regulate the rights of the people to defend themselves; it restricted that right, and in some cases, completely obliterated that right by criminalizing the purchase and the sale of more than 190 “arms.” Furthermore, on January 1, 2024, the right to mere possession of these items will be further limited and restricted. See 735 ILCS 5/24-1.9(c). Accordingly, the balance of harms favors the Plaintiffs. 
DOJ appeals to 7th Circuit

No comments:

Post a Comment