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Illinois AWB Challenge: 7th Circuit Declines to 'en banc' Case Cleared to SCOTUS

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sbhaven

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It appears the 7th Circuit declined to hear an en banc on the IL AWB ban challenge, this appears to clear the way for SCOTUS to potentially decide to accept and hear the case.


View: https://twitter.com/stevenmazie/status/1734258001203097802

NEW at SCOTUS: the emergency application against Illinois's assault-weapons ban tells SCOTUS the 7th circuit is not going en banc to (re)consider freezing the ban. That puts the matter squarely in the justices' hands.
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View: https://twitter.com/gunpolicy/status/1734247479841849424


The En Banc petition was a request to the full Seventh Circuit Court to hear an appeal of the decision by the three-judge Seventh Circuit panel in these cases.So, simply put, the full court declined to hear the appeal.Further details to come.


View: https://twitter.com/hannahhill_sc/status/1734249252753174965


JUST IN: The 7th Circuit denied us en banc review for the Illinois gun ban case. There is literally now nowhere to go but SCOTUS - where we're already awaiting an answer on our appeal for emergency relief.
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Last edited:
Fixxah said:
Is this a good thing? Laymens terms would be nice.
Click to expand...
The layman's terms was included as the first sentence in the OP post...

7th Circuit declined to hear an en banc on the IL AWB ban challenge, this appears to clear the way for SCOTUS to potentially decide to accept and hear the case.

What it means is the full 7th declined to hear the appeal which means the next step is SCOTUS assuming SCOTUS takes or grants the appeal. It remains to be seen if SCOTUS will take up an appeal since there isn't conflicting opinions from the circuit courts on the AWB.
 
sbhaven said:
It remains to be seen if SCOTUS will take up an appeal since there isn't conflicting opinions from the circuit courts on the AWB.
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Good bet that was part of the decision to decline.

Hate to be pessimistic but I think SCOTUS passes on this one
Not that I want to go that way, but we've seen things like this before
 
GL2020 said:
Hate to be pessimistic but I think SCOTUS passes on this one
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Time will tell if enough justices agree that there is cause to take up an appeal in this case in the wake of many if not most lower courts (outside of Benitez) outright giving the big middle finger to SCOTUS on Bruen and continuing to either apply "intermediate scrutiny" or simply coming up with "reasons" why Bruen shouldn't be applied to AWB's.
 

View: https://www.youtube.com/watch?v=pDnDuhSS3OA

"Washington Gun Law President, William Kirk, discusses the huge ruling from the 7th Circuit today denying a full en banc review in the matter of Bevis v. Naperville. While many may think of this as a huge defeat for gun owners in Illinois, the truth is that the 7th Circuit probably just did every gun owner in Illinois a huge favor. Want to find out why? Then check this out and arm yourself with education today."
 
sbhaven said:

View: https://www.youtube.com/watch?v=pDnDuhSS3OA

"Washington Gun Law President, William Kirk, discusses the huge ruling from the 7th Circuit today denying a full en banc review in the matter of Bevis v. Naperville. While many may think of this as a huge defeat for gun owners in Illinois, the truth is that the 7th Circuit probably just did every gun owner in Illinois a huge favor. Want to find out why? Then check this out and arm yourself with education today."
Click to expand...


Is there a written transcript? My screen reader can't process video.
 
namedpipes said:
Is there a written transcript? My screen reader can't process video.
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There doesn't appear to be a YouTube closed caption/transcript callout windows/download option available (yet) for the video. If one cannot view the video itself and the closed caption on the video then they may have to use third party tools to extract the closed caption transcript from the video.
 
sbhaven said:
There doesn't appear to be a YouTube closed caption/transcript callout windows/download option available (yet) for the video. If one cannot view the video itself and the closed caption on the video then they may have to use third party tools to extract the closed caption transcript from the video.
Click to expand...
Sorry, I was being a little snarky. I just have a strong preference for the written word to videos. I know. Caveman.
 
jkelly1229 said:
the 7th circuit just punted an awb ban to scotus
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Stupid question, but if SCOTUS took the case and ruled against the IL AWB, how does that impact the MA AWB/mag cap ban? Don't have time to compare what IL is doing compared to what MA already has in place and I don't know enough about the legal system to know if this would matter to MA anyway.

I mean, obviously it would be great if they rule against IL and even better if it invalidates the MA AWB, but I'm not holding my breath...
 
mav said:
Stupid question, but if SCOTUS took the case and ruled against the IL AWB, how does that impact the MA AWB/mag cap ban? Don't have time to compare what IL is doing compared to what MA already has in place and I don't know enough about the legal system to know if this would matter to MA anyway.
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Woa lol... not the one you should ask for legal advice

I just understood what the thing said in relation to @fixah

Not a lawyer don't play one on TV i always follow every law to the T

But yeah don't base anything on my half cocked assumption

But in honesty... nothing bruen seemed pretty clear and look at that one
 
mav said:
Stupid question, but if SCOTUS took the case and ruled against the IL AWB, how does that impact the MA AWB/mag cap ban?
Click to expand...
Not just MA's AWB ban but every other state's AWB ban (CT, CA, MD, NY, WA, DC, HI, DE, NJ, and any I forgot). It will ultimately come down to what opinion SCOTUS would issue; assuming they take up the IL case and issue an opinion. Democrat run states are not going to sit on the side lines and let their AWB be struck down. Some or all of the states will likely quickly push new bills to try and keep the AWB in place assuming those states and lower courts don't simply ignore SCOTUS and go down the road of; "they've ruled now let them enforce it" road in hopes that the SCOTUS makeup shifts to the far (progressive) left in the mean time.
 
It's an interlocutory appeal because the case is not final. If it were final SCOTUS would be jumping all over it. maybe. The best possible outcome is an injunction from SCOTUS until the case is resolved. That would put the 7th circuit on notice to get things right.

What may help is one of the 7th circuit judges Easterbrook (a republican by the way) referenced a case in the decision that SCOTUS stated in Bruen to never use again. Easterbrook is an anti-gun judge which highlights that trusting republicans is not necessarily in the interests of civil liberties.
 
Hold up. Isn't this just a STAY? Has the lower court and the 3-judge panel even ruled on the merits of the case???? (Pretty sure NO.)

Given the current climate in the SCOTUS, the answer is NO, they will NOT grant relief because they don't want to stand in the way of the lower courts. Although this whole "we won't hear your en banc" thing is a fly in the ointment.

I can't help but go all ??? when people get their jollies about an injunctive relief. I want PERMANENT RELIEF!
 
Dennis in MA said:
Hold up. Isn't this just a STAY? Has the lower court and the 3-judge panel even ruled on the merits of the case???? (Pretty sure NO.)

Given the current climate in the SCOTUS, the answer is NO, they will NOT grant relief because they don't want to stand in the way of the lower courts. Although this whole "we won't hear your en banc" thing is a fly in the ointment.

I can't help but go all ??? when people get their jollies about an injunctive relief. I want PERMANENT RELIEF!
Click to expand...

That's because the judges on the 7th circuit used some interesting historical analogues to uphold the ban and some insane logic including using logic that SCOTUS said to not use. About as interesting as the 2nd circuit that quoted a law that doesn't exist anywhere as a way of upholding parts of New Yorks CCIA. Unless SCOTUS steps in and fixes some of this, the dems are going to use SCOTUS inaction as a way to keep slow walking this until everyone dies of old age and either stops caring or they get a crack a remaking the courts.
 
I had expected the 7th to run the full panel path to add months or years until the case gets to SCOTUS.
Regarding cases in conflict? Every court that has uphelp AWB and Mag bans is in conflict with Miller and Bruen. The only districts where these cases have been brought are vehemently anti-constitution circuits and have to be dragged kicking and screaming to heel.
 

Supreme Court allows Illinois semiautomatic weapons ban to stay in place​


The Illinois law will continue to be litigated in the lower courts​


The Supreme Court has allowed an Illinois law banning high-powered semiautomatic weapons to remain in place.

In a Thursday order with no noted dissents or explanation of its decision, the Supreme Court denied a request from the National Association for Gun rights, which asked for a preliminary injunction.

The ban, signed by Democratic Illinois Gov. J.B. Pritzker in January, includes penalties for individuals who, "carries or possesses… manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle."

The law also includes statutory penalties for people who, "sells, manufactures, delivers, imports, possesses, or purchases any assault weapon attachment or .50 caliber cartridge."

Continues...
www.foxnews.com

Supreme Court allows Illinois semiautomatic weapons ban to stay in place

The Supreme Court in a Thursday ruling has allowed an Illinois law banning high-powered semiautomatic weapons and magazines to remain in place.
www.foxnews.com www.foxnews.com
 

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