In a longshot appeal to the US Supreme Court, Naperville, Illinois gun shop owner Robert Bevis sought a preliminary injunction against that city’s ban on the sale of popular self-defense firearms and the magazines that feed them. Both the district court and the Seventh Circuit Court of Appeals denied requests for an injunction.
Justice Amy Coney Barrett handles emergency appeals from the Seventh Circuit and she has ordered asked the city to respond to Bevis’ petition by May 8th. Ordinarily, the vast majority of these emergency petitions are turned away without comment by the justices. Justice Barrett asking the city of Naperville to respond is seen as a very positive sign to many, but especially Mr. Bevis.
Mr. Bevis told me he’s spent over $150,000 on legal bills fighting the city’s ordinance after it passed last fall. The National Association for Gun Rights has stepped in and is now paying for the legal team and has joined the case as a plaintiff.
Here’s more from Stephen Gutowski at The Reload . . .
The move may indicate the Court is getting closer to taking up a case against so-called assault weapons bans. After it handed down a new test for gun cases in New York State Rifle and Pistol Association v. Bruen, the Court ordered the Fourth Circuit to rehear a case upholding Maryland’s ban. Federal judges have been split on whether the bans violate the Second Amendment under the new test, opening the door for potential Supreme Court intervention and clarification.
Illinois enacted a statewide ban earlier this year, but it has since been blocked in state and federal court. It has also faced substantial backlash from Illinois sheriffs, a majority of which say they won’t enforce the ban because they consider it unconstitutional.
NAGR was denied a preliminary injunction against the Naperville ordinance in February, and the Seventh Circuit rejected the gun-rights group’s request to block enforcement of the law while its appeal is being processed. Now, the group is making the same request to the Supreme Court.
If the Court does issue an injunction against the ordinance, it will signal similar bans adopted by ten states are unconstitutional. That could upend the debate over gun control in America, which has largely centered around prohibitions on the AR-15 and similar guns. But, while Barrett’s request for a brief increases the odds the case will see action, most cases where briefs are requested do not get a full hearing…
“We are aware of the request and anticipated that there would be legal challenges, but at this point we do not have any comment,” Linda L. LaCloche, Naperville communications director, told The Reload.
Bevis has reportedly offered the city a settlement offer to help them avoid a huge judgement if he wins his case. Given the municipal election turned out some of the more radical, anti-gun members of the city council and replaced them with more gun-friendly council members, his offer may have legs. Oh, and there’s a new mayor in city hall as well.
There’s a Naperville City Council meeting tonight (Tuesday, May 2nd) as well. Law Weapons is urging the public to attend. That should prove interesting, to say the least.
Bevis’ position may grow much stronger if Justice ACB issues an emergency injunction in the case. Watch this space.
Don’t settle from these hater’s of the constitution. Let the supreme court make some decisions and try to put some bs to rest.
WA and CO just signed their own AWB versions into law in recent days. Meanwhile, NY’s was just enjoined by a Federal judge, and CA’s was already declared unconstitutional (Miller v. Bonta, which has been – like many gun control battles here – mired in appellate purgatory).
So many Leftist States tossing their AWB hats into the ring, even as courts are removing some of those that were already there earlier. Seems like it’s indeed finally time for SCOTUS to stomp this fire out for good.
We haven’t got to the point of an AWB here in Colorado yet but they did pass a three day waiting period and some “feel good do something” Bullshit. Vote dems into office and get tyrants every time.
Not that the CO Legislature didn’t try like hell to pass one.
https://coloradosun.com/2023/04/20/assault-weapons-bill-colorado-rejected/
“We haven’t got to the point of an AWB here in Colorado…”
After the Margery-Stonman incident, the Leftist Scum ™ did float a possible ban, but didn’t have the committee votes to pass it.
If they would have, we’d have one in Florida today.
Let’s drop one in the SCotUS in-basket and see what happens. Or, at the least, get it to the Court and have them GVR it into oblivion…
Haz,
Other than issuing a ruling saying, explicitly, “‘shall not infringe’ means just what it says”, what, exactly, do you see SCOTUS being able to do that will end this blue-state bulls***? Bruen SHOULD HAVE been enough to make these Leftist/fascists sit down and STFU . . . but it obviously wasn’t. Hair Gel Gruesome, Kathy Hochul, Phil Murphy, Fatman Pritzker, et al. are going to keep shoving unconstitutional laws at us, and making us appeal them. We need more originalist justices on SCOTUS and in the state and federal courts, but even that won’t do anything except POSSIBLY shorten the process a bit.
“Other than issuing a ruling saying, explicitly, “‘shall not infringe’ means just what it says”, what, exactly, do you see SCOTUS being able to do that will end this blue-state bulls***?”
They can GVR it.
Grant cert., Vacate the ruling, and Remand back to the court from which it came, with instructions to reconsider in light of the new ‘Bruen’ standing.
LKB himself said the court can do that. No need to bog the court down with endless petitions of cert..
Judges really don’t like their rulings being declared unconstitutional. The smart ones will start to step in line. Those that don’t will get to suffer the humiliation of having their errors end up in law school textbooks as examples of what not to do… 🙂
Wait NY’s awb (SAFE act) was enjoined or the carry ban+ (CCIA post Bruin shit fit)? Very happy for the former but the latter is what went before the second circuit weeks ago.
Commierado’s AWB was defeated in Committee by a vote of 7 to 6. 3 Democrats crossed the aisle to vote No on the proposed Ban. 4 other Anti 2A measures passed and did get signed into Law by Phaggot Poleuphisass (Polis). They are:
3 Day Waiting Period
Expanded Red Flag
Ghost Gun Ban
Raise Age to 21.
The 3 Day Waiting Period has the best chance of being stopped as an Amendment was attached that if enough opposition signatures are collected by a certain date, the Legislation must go to the ballot in Nov. 2024. Putting the Waiting Period in the hands of Voters.
They tried to tread lightly and carefully and not make waves before Bruen was decided. This time the anti’s are just going balls to the wall with their bullshit.
Right-leaning justices better have 24/7 security, medical and food testers on staff.
“Right-leaning justices better have 24/7 security, medical and food testers on staff.”
They absolutely do now.
Security was really upped after the abortion leak, and the antifa goons started to show up and ‘protest’ in front of their homes.
Samuel Alito commented on this in a recent published interview… 🙁
The anti gunners have lost.. Bigly. Now they’re desperately trying to shuffle their resources in hopes, unfounded, that they can win.
Like hitler shuffling non existent forces on a make believe map. Nuremberg 2.0 is what happens next.
How many people have been convicted, felony-arrested, lost jobs, relationships, friends, property, etc. for being gun owners?
How many people have been convicted, felony-arrested, lost jobs, relationships, friends, property, etc. for being anti gunners ? Elections don’t count if the “loser” is still a practicing lawyer, pundit, or author with 5x income as the average POTG.
I’d be more inclined to liken our position to that of a J e w who won a court case against the SS in 1934. Maybe the bad guys will hang in the end, but it’s a long hard road to the end.
Our modern bad guys are following the pattern of the old SS. They’re committing crimes against humanity BEFORE they’ve won the war and secured their positions and future.
Nuremberg 2,0 is the looming result.
Their positions and future are secure; 90+% of their professions and social circles agree with them in every particular. There are no “Allied Powers” to come in and liberate us; essentially every major country in the world thinks US POTG have it too easy. SCOTUS includes some allies, but their “army” is the Biden Justice Department.
umm
their army is millions of potg that are fed up with the unconstitutional bs
Tired,
I thought about that as I was writing – that the just outcome for anyone passing or enforcing unconstitutional laws would be writs of Contempt of SCOTUS, enforceable by any citizen – but that’s a novel idea, not something anyone at that level would ever actually do.
“Asked.”
That’s like being asked to come to the principal’s office. Asked to see the boss after your performance evaluation. Asked by the nice officer to “assume the position” …
Perhaps the court should define Gun Control like History Defines Gun Control, nooses, church burnings, slavery, Jim Crow, etc.
Debbie,
Wow, that was profound . . . not. Again, we all know the history of gun control. You have passed boring, and are homing in on soporific . . . if I have trouble sleeping, I can read one of your repetitive, poorly-written rants.
Lamp, that’s what she does. There are folks who randomly drop in for one article and maybe they don’t know that. Now they do.
In that light, it’s a forgivable offense, unlike the fuckwits who poison TTAG with their anti-Vaxx paranoia… 🙁
Is PG back?
“Is PG back?”
Honestly, I think he has, but he’s keeping a very low profile.
If he is, he’s pulling the made-up name and disappear again game.
If he starts pulling his usual crap again, I’ll be happy to metaphorically kick his teeth down his throat again, with *relish*… 🙂
Justice Gorsuch has already asked the question: “Constitutionally speaking, what is the difference between a semi-automatic firearm and an automatic firearm?”
The NFA is an unconstitutional law that must be struck down.
Any decision is a year away.
Not on an application for an injunction staying the new law prior to trial; this will be decided in a matter of a couple of months. The standard is this: have petitioner;s demonstrated a probability of success on the merits, and are petitioners likely to be prejudiced if the law is not stayed. The Application and supporting documents are available on line. I read the brief last night, and it makes a very persuasive argument that there is no history or tradition of banning specified arms, and none of the cases cited by the trial court in denying an injunction apply. (The Court of Appeal simply denied the application without explanation.) Prejudice is shown by two factors: denial of a constitutional right is presumptively harmfull, and the lead plaintiff is in danger of losing his business if relief is not granted.
I imagine things will start moving relatively quickly once some circuit court rulings start coming in and contradicting others.
“I read the brief last night, and it makes a very persuasive argument that there is no history or tradition of banning specified arms,…”
Exactly, and ‘particularly dangerous’ weapons tend to get banned quickly, long before they become ‘in common use’. And common use was declared to be expressly protected by the high Court.
We’re on solid legal ground on this one… 🙂
So ya think threatening conservative pro-2A justice’s with murder,calling them “illegitimate” ,have liars call a justice a teen rapist or try to get rid of St. Thomas or even Roberts will persuade them to rule for you??? Clown world is a real thing🙄🙃🙁
I think Bevis’s offer for a settlement is a gentlemanly thing to do. He realizes that any massive payout will come from the tax-payers not the guilty parties who instituted the illegal law.
Hopefully, the newer members of the Council will continue on a more friendly 2A trajectory.
And That Sir, is what Chaps my Arse the most about all this Anti-Gun Legislation. You and I not only pay for fighting it, we pay for its defense in court.
Either way We Pay To Have Our Right Infringed and I’m mad as Hell about that.
This law from the City of NApperville is assuredly UNCONSTITUTIONAL!
https://www.youtube.com/watch?v=PKzsQfgk3aI
Yes, he has insightful analysis, basically saying don’t necessarily expect SCOTUS to stay their injunction right away in Naperville but more of a strong message to the 7th considering that the state has appealed the AWB injunction by Judge Stephen P. McGlynn to it. What fine timing too. This will be interesting.
It sounds like a dangerous game. Bruen sends a reasonably strong signal that stands as long as SCOTUS remains embroiled in their docket of cases on other issues. If they get involved but don’t enjoin the law, doesn’t that dilute the message?
Answering your question is way over my pay grade LOL but I think issuing an injunction now does not mean they see it as a bad case but that they are watching closely and very interested. Remember Justices Samuel Alito and Clarence Thomas told those involved with the post Bruen New York lawsuits to come on back if the 2nd does not rule favorably for their cases which we should be hearing about before too much longer.
Uh, by not issuing an injunction now.
“…basically saying don’t necessarily expect SCOTUS to stay their injunction right away in Naperville but more of a strong message to the 7th considering that the state…”
Exactly, it telegraphs a loud message that the Leftist Scum ™ really don’t want to have to stand tall in front of that current bench make up, because the result will be embarrassing for them. Judges are vain critters. No judge wants to end up as an example in a law school textbook of what *not* to do, and Coney-Barrett is reminding them of that little ‘Inconvenient Truth’.
The dominoes are starting to fall, faster and faster, and it is a glorious sight to behold… 🙂
Thanks!
We already have rulings against the normal capacity magazine ban, and assault weapons ban, and hand gun roster, but they are stuck at the apelet level.
If, and this is a BIG IF, SCOTUS words this correctly it could toss most of the laws at the state and local level overnight.
It could be something like normal capacity magazines and modern sporting rifles known in some jurisdictions as assault weapons are common use. Along with enforcing the enjunction on such law, and potentially stating other rulings in other states against such laws, must also stand, could push this up to SCOTUS pretty quickly. It seems the anti gunners are basically thumbing their noses at SCOTUS and trying to stop the inevitable.
“It seems the anti gunners are basically thumbing their noses at SCOTUS and trying to stop the inevitable.”
They will be seen as ‘heroes’ in their circles, so let’s see to it they have plenty of heroes… 🙂
What difference does it make if the U.S. Supreme court rules in a pro-2nd Amendment direction? Democrat-run states and cities will simply do what they want anyway, and flout the law/ruling, because it does not suit them. If the U.S. Supreme Court consistently ruled anti-gun, they would be all over it, proclaiming how great the judges are, how their rulings are the end-of-the line, etc. Also, I have zero faith in these nine, unelected, gods-in-robes, including this Coney-Barrett woman (But is she a woman? The other judge cannot define what one is). For just when you think these gods-in-robes will hand you another, pro-second amendment victory, they go and stab you in the back.
“What difference does it make if the U.S. Supreme court rules in a pro-2nd Amendment direction? Democrat-run states and cities will simply do what they want anyway, and flout the law/ruling, because it does not suit them.”
We have historical references here, as in what happened when school desegregating happened, like ‘Brown v. Board of Education’ SCotUS ruling that outlawed segregation in schools in 1954.
Some places will fight it. We can force them to respect the 2A the same way the racists now respect the rights of Blacks to sit anywhere on the bus they damn well please. Since mixed-race families are now the norm, some of them will eventually see things our way.
I can’t wait for the high school and college NCAA small-bore 10 meter rifle competitions start back up. Then America can start winning Olympic gold medals in Biathlon… 🙂
In 1954 the President (the Commander in Chief of the armed forces and federal LE) backed SCOTUS against state and local authorities. What does that have to do with 2023?
It is not going to matter one way or another what this court does. Eventually these judges will be replaced and then they’ll just allow the state to ban everything anyway When a man can become a woman and a woman can become a man and everybody just nods their heads in acceptance, it’s over.
“Eventually these judges will be replaced…”
As of now, we have at least 20 years of the courts seeing things our way.
We won the legal war, now it’s our job to win the culture war. Take a Leftist Scum ™ shooting (and not as a target holder!).
The more people we get shooting, the harder it will get for them to change things back…
Until someone gets sick, has an ‘accident,’ or dies in an unusual manner. God forbid. Trump got some good nominations…three through the door, but Biden got one in and probably has a list of others. There’s still talk about stacking the courts. The current hold up for the lower courts is Feinswine’s absence. Thankfully.
The investment in Trump and his conservative Court appointees is starting to pay off. Be mindful of this as the election season approaches! Pray that none of the conservative justices die or resign while the thug-in-chief is still in the White House. Biden has been stridently anti-firearm ownership from the git-go 50 years ago… Any appointments he would make to the Court could be a Constitutional disaster for the Second Amendment. Long Live Bruen!
I don’t trust even SCOTUS to help in this.
I still strongly believe we are approaching the “Long train of abuses and ursurpations” moment our Founders laid out as a Blueprint against corrupt Government Tyranny.
I don’t get it. These everyday AR-10s and 15s are NOT assault weapons!!!!! They are simply semi-auto only and we’ve all had access to semi-auto for years!!!!! I wish people would get educated on what they’re protesting
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