Given that this ridiculous bill is *clearly* unConstitutional, it was largely inevitable, but it’s nice to see it happen. Of course Illinois will doubtless continue to fight for this nonsense, eventually dragging it before the Illinois Supreme Court and then doubtless before the US Supreme Court when the bought and paid for Illinois SC rules in favor of the bill. But it looks like, for now, reason has temporarily prevailed and Illinois residents can once again buy and transfer perfectly legal inanimate objects.
As Americans, we have every reason to celebrate our rights and freedoms,
especially on Independence Day. Can the senseless crimes of a relative few be so
despicable to justify the infringement of the constitutional rights of law-abiding
individuals in hopes that such crimes will then abate or, at least, not be as horrific?
More specifically, can PICA be harmonized with the Second Amendment of the
United States Constitution and with Bruen? That is the issue before this Court. The
simple answer at this stage in the proceedings is “likely no.” The Supreme Court in
Bruen and Heller held that citizens have a constitutional right to own and possess
firearms and may use them for self-defense. PICA seems to be written in spite of the
clear directives in Bruen and Heller, not in conformity with them. Whether well-
intentioned, brilliant, or arrogant, no state may enact a law that denies its citizens
rights that the Constitution guarantees them. Even legislation that may enjoy the
support of a majority of its citizens must fail if it violates the constitutional rights of
fellow citizens. For the reasons fully set out below, the overly broad reach of PICA
commands that the injunctive relief requested by Plaintiffs be granted.
I do wonder if there will be a rush among Illinois residents to buy standard capacity magazines and AR-15’s before the next round of political hackery overturns this injunction. And will in-state and out-of-state businesses sell? It seems to be legal, for now, for businesses to do so… but this is Illinois we’re talking about, and no amount of corrupt chicanery is too much for the shrieking baboons who run the state government. I can see them trying to harass businesses and customers *now*, and then when they get their way again, retroactively harassing businesses and customers.
Plaintiffs have satisfied their burden for a preliminary injunction. They have
shown irreparable harm with no adequate remedy at law, a reasonable likelihood of
success on the merits, that the public interest is in favor of the relief, and the balance
of harm weighs in their favor. Therefore, the Plaintiffs’ motions for preliminary
injunction are GRANTED. Defendants are ENJOINED from enforcing Illinois
statutes 720 ILCS 5/24-1.9(b) and (c), and 720 ILCS 5/24-1.10, along with the PICA
amended provisions set forth in 735 ILCS 5/24-1(a), including subparagraphs (11),
(14), (15), and (16), statewide during the pendency of this litigation until the Court
can address the merits.
The ruling is readable HERE.
