IL: GOA vs Raoul 7th Circuit Upholds Illinois Assault Weapons Ban

[SpudmanWP]

Not a lot of people know, but the standard US Army stripper-clip bandoleer can hold a 30-round mag in each pouch.

[tedw]

https://youtu.be/C5m0E-G3N70?si=RB8g__t-FFTMKG8x

[command_liner]

Perhaps the most crazy part of this ruling is the conclusion that the 2nd does not cover arms meant for a military purpose.

The whole point of the Miller ruling is the 2nd DOES cover arms reserved for military purpose, and very certainly those for milita purpose. The founders were really quite clear on this point too.

This is like saying the 3rd Amendment does not apply to houses that have more than 4 bedrooms, as such a building may possibly be uses as a military barracks. Or perhaps concluding the 13th does not apply to unemployed black men, as they might be able to join the army and then be employed.

Total ahistoric BS.

[AlmostHeaven]

Well that is an interesting finding of fact.

I would laugh if not for the fact that rather than being an op-ed written by a clueless gun control advocate printed by The New York Times, this excerpt comes from a published binding opinion from a United States Court of Appeals.

[bohoki]

yet somehow nunchucks are protected

sheesh tell us what arms are protected

and then tell me the police wont arrest you for carrying around a loaded flintlock pistol

[Epaphroditus]

Opponents of the Illinois law argued that the decision forbade governments from banning weapons that are "in common use." But Judge Diane Wood remarked that it was "very troublesome to have a popularity contest decide a constitutional principle."

Judges still non adherence to Miller nor Heller - clearly she knows better than SCOTUS justices and precedents.

Here's a "popularity contest" that determines constitutional principles- amendments.

[AlmostHeaven]

Judge Diane Wood quite literally rejected Supreme Court precedent and substituted her own jurisprudence.

[JiuJitsu]

Yep, that ruling was one of the most ridiculous I?ve seen in a while. They just straight ignored a huge amount of key 2A SCOTUS precedent and used word salad to try to BS around it. Do these people even feel any personal or professional shame in doing this as a judge? I just cant wrap my head around this lack of ethics.

[Sgt Raven]

Not a lot of people know, but the standard US Army stripper-clip bandoleer can hold a 30-round mag in each pouch.

Yeah, there is a thread you pull to do that. The 4 pocket, three 10 round clip per pocket bandoleer came after my time. We had the Vietnam era 7 pocket, two 10 round clip per pocket bandoleers. Generally each pocket could refill one magazine. But there was a time period where we had both 20 & 30 round mags.

[p7m8jg]

Judge Diane Wood quite literally rejected Supreme Court precedent and substituted her own jurisprudence.

As judges often do. Lawyer (nobody likes) turns into a judge (a politician nobody likes) and it becomes a lifetime (in effect) appointment because nobody runs against them and when they do, voters don't vote the bastards out.

Politician + job security = do what you want, not what the law says.

[Sgt Raven]

As judges often do. Lawyer (nobody likes) turns into a judge (a politician nobody likes) and it becomes a lifetime (in effect) appointment because nobody runs against them and when they do, voters don't vote the bastards out.

Politician + job security = do what you want, not what the law says.

Federal Judges don't stand for election. They are appointed by the President and can not be voted out, either.

[Bhobbs]

I would absolutely love to see this ruling appealed to the Supreme Court. Second Amendment organizations have an opportunity to preempt the recalcitrant First, Second, Fourth, and Ninth Circuit Courts of Appeals by nullifying their deliberate political gamesmanship in the form of endless delays.

If the Supreme Court grants certiorari to this case, the en banc machinations in California stop mattering, at least for Duncan v. Bonta and Miller v. Bonta specifically.

This wasn?t a merits decision. It was vacating the preliminary injunction. The case still has to be decide by the district court, then the 7th circuit.

[AlmostHeaven]

This wasn't a merits decision. It was vacating the preliminary injunction. The case still has to be decide by the district court, then the 7th circuit.

I see. That is very unfortunate. This means Bianchi v. Frosh is still the farthest-along assault weapons ban case.

[SpudmanWP]

This was one of the arguments that was brought up in last December's oral arguments. The state wanted the case remanded back to the District Court for "discovery". The Plaintiffs wanted them to decide on it based on the briefs. The Plaintiffs pointed out that Heller, Bruen, etc were all similar cases where no trial was done and they were responses to motions, just like Bianchi.

[Bhobbs]

I see. That is very unfortunate. This means Bianchi v. Frosh is still the farthest-along assault weapons ban case.

Yeah, SCOTUS remanding Bianchi and Duncan was a major failure that set thing back years. The justices still don?t realize, or don?t care, the lower courts are not going to abide by their opinions. The only path forward for SCOTUS is to take every 2A case they can.