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Old 11-08-2024, 17:00   #1843
Badger52
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Join Date: Jan 2011
Location: Western WI
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Fed Appeals Court Strikes Down Illinois AWB

News article about it.

IL was enjoined from enforcement but with a 30-day stay so IL can decide whether to appeal. They may not do that, given that SCOTUS already frowned at IL over the same case and sent it back to "clarify" (again) what was meant by all the other decisions from them.

Quote:
“Most importantly, considering all of the evidence presented, the Court holds that the provisions of PICA criminalizing the knowing possession of specific semiautomatic rifles, shotguns, magazines, and attachments are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment.

Therefore, the Plaintiffs’ request for a permanent injunction is GRANTED. The State of Illinois is hereby ENJOINED from the enforcement of PICA’s criminal penalties in accordance with 720 ILL. COMP. STAT. §§ 5/24-1(a)(14)–(16) (bump stocks and assault weapons); 5/24-1.9(a)–(h) (assault weapons and attachments); and 5/24-1.10(a)–(h) (large-capacity magazines) against all Illinois citizens, effective immediately.

As the prohibition of firearms is unconstitutional, so is the registration scheme for assault weapons, attachments, and large-capacity magazines. Therefore, the State of Illinois is ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 ILL. COMP. STAT. 65/4.1.

This permanent injunction is STAYED for thirty (30) days. The Clerk of Court is DIRECTED to enter judgment in favor of the Plaintiffs. IT IS SO ORDERED.”
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