How Illinois' Assault Weapon Ban Got Struck Down
Вставка
- Опубліковано 17 лис 2024
- OK Illiniois, we have finally got around to tearing through all 168 pages of the Court's order in the matters of Harrel and Barnett v. Raoul. As you are now aware, the Court has once again struck down large portions of Illinois' PICA law, but has also issued a stay which means this is a ruling with no remedy. Washington Gun Law President, William Kirk, breaks the ruling down for you today so that you can arm yourself with education.
________________________________________________________________________
Join Right to Bear Today.
Right to Bear Self-defense protection so that you can protect those you love. Sign up today and if you use the promo code WGL, you will receive 10% off: bit.ly/3Io5T5H
Legal Protection for Self-Defense.
Confidential Hotline with Your State's Attorney
No Caps for Criminal or Civil Defense
Covers all forms of self-defense, from a fist to a firearm.
Some of the Nation's Most Passionate 2A Attorneys to Defend You
Visit our good friends at protectwithbea...
_________________________________________________________________________
Have a Video Idea, then Help WGL Out. forms.gle/GNCy...
Subscribe to our Newsletter to stay up to date on all issues that affect your rights by going to www.washington... _________________________________________________________________________
Contact Washington Gun Law If you have any questions about this topic, or anything else related to what's left of our Second Amendment Rights, remember you can always contact us at: www.washingtongunlaw.com or call us directly at 425-765-0487. Stay safe. ________________________________________________________________________
Subscribe to us on Rumble. rumble.com/c/W...
Subscribe to us on Patreon. www.patreon.com/WashingtonGunLaw
Remember, you can follow us at www.washingtongunlaw.com
Like us on Facebook at WashingtonGunLaw
Follow us on X (Twitter) @GunWashington
Red Illinoisan here. Fed up with my constitutional right being revoked by a body of water, rivers, and an imaginary line in the dirt.
And I'm tired of some dumb rednecks trying to take away my god daughters rights away from her just because of an imaginary friend in a book cooked up 2000 years ago
It’s time to move to Kentucky
@@alexace5584
I hear ya and it sounds enticing. However if we all move , we are essentially giving them whole states , that they don't deserve.
Well said my friend.
Me too
ILLinois PICA & FOID = UNCONSTITUTIONAL
💯
IL is communist so they don't care. The longer they can keep the populace unarmed, the happier they are.
Is it really struck down if you can not go to your local FFL and buy what the state attempts to ban?
@@Zulu55farObviously not.
My biggest complaint is simply the idea that once I've obtained a foid, I need a separate license costing many hours of labor to actually "bear" the firearm. It seems absurd that your right is locked behind a class and fee.
Pritzker and democrat legislators should be in jail.
At a minimum.
Treason
it up to the people !!
Nowhere in the United States Constitution does it say that dangerous or unusual weapons should be banned. If anyone knows where it does, I'd like them to point it out.
They don’t follow the highest law in the land, but they expect the citizens to follow their laws. Stop voting for these criminals!
Now get rid of the unconstitutional FOID card
Won't happen.
He can't do that he can only talk about it. Now FPC and the GOA, they're the ones working to make that happen.
@@aquariumdude7829oh yes it will it's only a matter of time. Has to become a Supreme Court case.
@joehosier6187 Dude, the monarchs of the blue states don't obey the "Supreme Court."
@@joehosier6187 I guess you still haven't noticed that the Dems don't listen to the "Supreme Court."
If I am a judge on the 7th circuit, or 9th, and 25% of my rulings are overturned by the SCOTUS, I should be removed from the court.
Wile self defense against criminals is important, defense against a tyrannical government is paramount!
Why shouldn't "We The People" have access to the same "Arms" as the potentially tyrannical government that we may need to protect ourselves from?
That's why we elected Trump last week, remember?
@@aquariumdude7829 Trump only goes so far, you lgn0rant government shill.
@@aquariumdude7829 Trump forgot what the last four words of the 2nd amendment are when he banned bump stocks
@nsant I don't give rat's rear end about bump stocks. Far bigger problems to worry about.
I'm really disliking the military vs civilian distinction.
We civilians are supposed to have so-called military style weapons. We need weapons to defend from a full range of threats.
But don’t you remember that the founders had civilian muskets and the redcoats had military muskets?
I'm not a lawyer, but it's my understanding that the NFA was held up as constitutional not because it applied to military arms, but because it applied to arms that were not regularly issued to US troops by the military at the time the NFA was challenged at SCOTUS. The standard issue rifle at the time was either the M1903 or the M1 Garand - neither of which were fully automatic. So the argument to "dangerous and unusual" applied to fully automatic rifles, because the *military* wasn't regularly issuing them.
Today, the NFA should only cover things like short barreled shotguns or extremely high caliber rifles, but any arm regularly issued to US soldiers should be available for civilian purchase. That means we should be able to go to the store and buy a fully equivalent arm to whatever is in "regular use" by the military.
Like I keep telling every person I've ever heard complain about the availability of the AR15, be careful what can of worms you open. I have no use for a fully automatic gun, but I believe if the constitutionality of the NFA were challenged today as it applies to actual "assault" rifles, it would fall.
It's part of the 7th's BS decision they sent down overturning McGllynn's original temp injunction, so he has to address it.
@@tomaselke3670 Personally I think the only items the NFA should apply to are Nuclear, Biological, and Chemical.
The ban was found to be unconstitutional, but we still can’t buy an
AR here in Illinois. What a surprise.
Can't buy them in stores. Still available if you want one just a slight price hike. The vast majority of us didn't register our firearms and accessories so Chicago politicians can't tell who owns what and downstate law enforcement isn't in the enforcement of Unconstitutional laws business.
"Shall not be infringed!"
It is as simple as that.
Thanks for the update.
Well regulated
@@KJW-PNW What about "well-regulated"? You know what that actually means, right? It's nothing to do with "regulations."
@@KJW-PNW:
"Well-regulated in the 18th century tended to be something like well-organized, well-armed, well-disciplined. It didn't mean 'regulation' in the sense we use it now, in that it's not about the regulatory state. There's been nuance there. It meant the militia was in an effective state to fight. In other words, it didn't mean the state was controlling the militia in a certain way, but rather was prepared to do its duty." --Jack Rakove, professor of political science and law, Stanford University
Regarding the 50BMG...The 2A is not about self defense unless you consider self defense against a tyrannical government.
I'm so glad that so many people here see and understand what you say. Terrible ruling and nothing more than sinking down to their flawed thought processes with McGlynn's "definitions".
The founding fathers were definitely thinking of that, and the future need to kick out the govt, if it becomes to powerful and corrupt. Many Constitutional scholars point to the 2A's first clause "a well regulated militia being necessary to security of a free State". As with the second clause, the first also "shall not be infringed". Anti-gun folks try to interpret it as the formation of our military. But it was intended as a "break glass in case of emergency" right.
Thank you again Mr Kirk for all you do to keep us informed and aware!
I moved out of Illinois 17 years ago. Much more freedom in Indiana!
It's a huge injustice that this is still a debate and that cases are still moving through the courts. The language of the Second Amendment is crystal clear and shouldn’t need further debate.
I got friends screaming they are buying an AR first chance they get.
Theyre much more expensive than they were 4 years ago.
@ one I know is an SDI student. This changes things as she is a graduate, which also reminds me the right to a higher education is a human right which the current law violates. SDI said if the law is squashed she would be able to take the classes for the weapon systems that have been banned. As things are she isn’t allowed to learn those systems.
@@Hugh_Manitee.a new brand starts at 300.oo
@@Hugh_Manitee ar15 from psa is like 500$ and as cheap as 360 if you assemble it
Hell yeah!!
The .50 cal is a legitimate self-defense standoff weapon. I have 80 acres. Bad guys attack. .50 cal allows standoff protection.
Bruen and Heller don't specify "for self-defense only". They specifically state, "...for lawful purposes, such as self-defense."
I disagree with the judge allowing the .50 cal to remain banned. The rest of his opinion was pretty good, just not perfect.
He blanketed anything 50 cal, 50GI is basically 45 ACP ballooned up to 50cal and chambered in a properly built 1911.
Most people I know who have large caliber rifles like the 50 BMG use them in long range target shooting which used to be a lawful purpose.
The ban on the .50 cal doesn't make sense. The whole premise of these bans is to stop all of these mass shootings. Name one mass shooting involving a .50 cal! Of course, the real reason is to eventually disarm us completely. One weapon at a time. If we own standoff weapons then it would make it harder for a tyrannical government to disarm us.
@@iffykidmn8170 Thanks, I was looking for this comment. The judge really showed gun noob ignorance when he equated .50 BMG with .50 pistol calibers. Similar ignorance applies when pistol caliber AR platform carbines are lumped in with a true AR-15 when the ballistics of the two are different as night & day. For example a .40 S&W caliber handgun w/ 15 rd mag capacity is legal under the ban but the exact same round w/ same mag capacity in an AR-style platform is banned. Not that those who impose bans ever know squat about guns but one might expect a judge overturning the ban to do a little better.
Void the FOID ! Boycott Hyatt hotels.
THANK YOU! Seriously, this staying of orders is freaking RIDICULOUS!!! Especially when as well-reasoned as this decision was.
Apparently this guy has never heard of long distance shooting where .50s are quite common.
Thanks to Washington Gun Law for this important video
Please keep us updated on the situation
SHALL NOT BE INFRINGED....
Yet, here we are
A little late for that.
the other side will usually see that and say we forgot about the "well regulated militia" part, which in their mind means like national guard/army reserves, or some other state or federal affiliated org, knowing neither that "well regulated" meant well trained and equipped to the same standards as the regular military of the day, or the heller ruling already established that you dont need to be part of any such org in order for your 2A rights to apply.
@@aquariumdude7829 Go away w0rm
Tell that to Trump after he banned bump stocks
Why does this always happen? If a law is rulled unconstitutional, why is the state given special consideration to appeal?
Because in today's all or nothing politic, the opera isn't over till the fat lady (SCOTUS) sings.
@@Dennys854 & sotomayor likes to hear her own voice...as well as eat a lot & expand.
@Dennys854 when state laws brought by the people are struck down, there's no stay pending appeal, unless it's a law the state wants. In The People's Republic of Washington, the people voted in $30 car registration. There was no stay pending appeal when the state court struck it down.
His ruling ON A STAYis tantamount to fumbling the football right before crossing the goal line...
Self-defense is misdirection. They are ignoring the first part of the second amendment. People are supposed to be prepared for military use.
With so many Courts across the country taking opposite opinions of the same constitutional right, shouldn't the Supreme Court be compelled to step in?
shall not be infringed
Greetings from the Peoples Republic of Illinois, Chairmen JB Pritzger and Dishonorable Kwame Raoul presiding. Thank you WGL for providing us with knowledge at a level below that of lawyers.
My question for today is,
Is there anything we can do, lawfully, to limit the amount of time the 7th sits on the case so it can be sent to SCOTUS? Thank you all in advance for your responses. BEST AND PEACE
The bad news is probably no, and the worse news is that SCOTUS has been slowly walking back Bruin. It should have been a fatal blow when they forced Quinn to make CC legal that Chicago forcing gun control on the rest of the state was on life support, but Pritzger seems to have given it some magic medicine to induce recovery. All we can do at this point is either try and force enough votes to undo the damage in the legislature or move out.
If Darren Bailey had won we would be on track to get rid of the foid, being able to get suppressors, sbr INSTEAD!!! man this is disgusting to experience Bailey was so pro gun we’d be on our way looking like Texas 2a wise SMH
thats why you haveto be politically ACTIVE
I met Bailey and voted for him.
I voted for Bailey after meeting him on a campaign visit to my small town. I became a Republican poll watcher for the 2022 election to try to keep an eye on the election judges.
Sadly, Bailey lost.
I moved up to a Republican election judge for the 2024 Presidential election. Thank God Trump won.
VOLUNTEER TO BE A POLL WATCHER OR ELECTION JUDGE. FULL TRAINING PROVIDED FROM YOUR LOCAL COUNTY ELECTION BOARD.
Shouldn’t matter. Its UNCONSTITUTIONAL
The "Yup, yup. I'm a farmer" guy?
I'm still disappointed they judge (and so many others) don't recognize military weapons being protected under the 2nd.
An AR15 is not a military weapon. It IS close and resembles a military weapon. An AR15 does not have selective fire (semi auto/auto) as a government issued M16. The M16 is a military rifle.
@Hugh_Manitee That is semantics. The "Armalite Rifle, No 15" is a military weapon. Just because nearly all the versions you see on the civilian market are semi-automic, doesn't change that.
However, nearly all firearms are "military weapons" or derivatives of such and are covered by the 2A anyway.
@@Hugh_Maniteewell regulated means military grade weapons!! Including automatic weapons!! Shall not be infringed!!
@andyleotell Then I want a Abrams Tank
this needs to go to SCOTUS, playing back-n-fourth with trail court and the appeals court is a pure waste of time
How the "duel use" would not apply to the .50 caliber in defense of a tyrannical oppressor defies logic.
@@nuknfutts1691 I don’t know why it isn’t viewed as in common use. It can still be used for marksmanship sporting uses.
@@mikemason4758 I do believe General George Washington carried a .58 caliber pistol
@@nuknfutts1691 totally took duel for dual.😂.
I get it. But I will take anything I can get right now. This is Illinois, after all 😂
And if you had a chance to listen to the 7th circuit on Veramontes today, you’d see they still hate us in Illinois.
"We need to determine if assault weapons are arms" well, yes according to heller. "Well because its literally a bearable arm doesn't mean it the 2A applies to it" wtf
Knew it was going to happen. So -- We're BACK on the Merry Go Round.
No it's over
@@fredcarbery3966It's Illinois! It will never be over! 😂
It seems the judge’s definition also says SBS’s, SBR’s, and silencers are all legal arms.
Time to return Illinois to its one great state status; Vote Pritzker out of office as soon as possible!
Better yet, vote Chicago OUT of Illinois!
These courts are an absolute joke and a disgrace to this once great country
So refreshing to hear such a well-written and well-reasoned decision, with a couple of exceptions, by the judge.
This judge is a hypocrite and shouldn't be taken seriously. He contradicts himself at every step. He says the court does not get to decide what is useful for self defense, then he goes on to decide what is useful for self defense. SCOTUS needs to set this right. It is time for these lower court judges to keep their OPINIONS to themselves.
It irritates me that the SCOTUS declined to hear this last July. What's to say they won't just do it again? They said the issue needs to be decided at the state level, but the state can't decide what it wants. The circuit courts aren't seeing eye to eye on the issue, it would be nice if a higher authority like the SCOTUS could give us a definitive ruling. Hell, even if they said the law was constitutional and upheld it, I would be disappointed, but at least the issue would be resolved.
Great briefing on this. Thanks
"From the tyranny of others"......That's you JB
The primary function of the second amendment is to ensure that Americans always have access to firearms suitable for modern combat. Period. Everything else is a secondary function.
Precisely. And that means ALL firearms, not just those that fall under McGlynn's silly, irrelevant definitions. Disappointing compromise. 2A-lite judge.
In my opinion the reason he put the stay in was because of freedom week and the state saying the items acquired during that time would be illegal. He knows the state he knows the state added reporting burdens to ffl’s in the state and he knows the state would go after both the ffl and purchaser
Thank you for the report. 😊
There are companies that need to be called out for refusing to sell parts to Illinois residents, even though they are not illegal under PICA. Companies like Rock River Arms, PSA, etc.
The problem is that the laws are so weird and arbitrary that companies don't want try to navigate the legal hoops.
He gets 2A substantially wrong by tying it only to self defense, and 50 BMG is covered fully.
If we don’t stop making our primary arguments for 2A about “self-defense”, we will all loose our 2A rights. I’ll be the first 2A enthusiast to admit shotguns are plenty adequate for home defense. 2A’s primary function is to resist tyrannical rule. Therefore, ARs are out of the question. The question then becomes, “Are select fire M16s protected by 2A?” Spoiler, they’re absolutely essential to defend against foreign or domestic tyranny.
I disagree with judge McGlynn's assertion that .50 BMG is not suitable for self defense.
He seemingly has not considered the militia need for sufficient weapons to combat a tyrannical government.
Off to the US Supreme Court as expected
Where nothing will change.
I heard one of Pritzkers paid off judges who ruled on the 7th court appeal was retiring. Will that make a difference getting one of the two (bribed) judges off the case when it circles around again? Great job as usual William…thank you
Hopefully emperor pritzker will be too buzy dealing with President Trump's army of ICE agents to care about ARs next year.
Separate from Chicago and Crook County, and watch Springfield turn red.
It did turn red this past election
Almost 90% of Illinois counties were RED in this election. I can’t wait for the day.
That's basically any state when you remove the cities. That doesn't say much
Check out the New Illinois website for that very plan
I doubt it. Springfield is where the Democrats nest.
Rauner doing nothing as an Illinois Republican Governor didn't help either.
Thanks for keeping us updated you’re the best 💯💯👍🏼👍🏼
If laws were simple, lawyers would be out of a job.
There's a really complicated system that works like a dream for lots and lots of insiders to make very comfortable livings while we lose our freedoms, liberties and rights one by one.
When one speaks of self defense, why does no one speak of whom one is defending themselves against? What is always left out is the fact that the most dangerous of offenders are those in power.
Thank you as always
A wise man from Washington state told a group at South Post Guns in Streator il exactly how this was gonna play out.... It's exactly what he's telling everyone here.... And it's exactly how it's playing out.
Thank you for the update.
Thanks for the class sir. Though I'm not an Illinois resident I will "geek out" and read this ruling. Thanks again.
The 2A is to protect me from a tyrannical government.
Looks like it hasn't done a very good job.
What I haven't heard so far is that one of the main reasons for the 2nd Amendment was so that the citizens of this country could defend themselves against government oppression. It is government oppression that we are getting in Illinois.
This judge is ridiculous. The 2A isnt (just) about "self defense," but being able to defeat and overthrow an oppressive government's military/army. As such, belt fed weapons, .50 cal sniper rifles, grenade launchers, anti-armor weapons, and any/all other bearable arms are protected. Its like this judge disregards the entire purpose of the 2A.
Illinois is fixing to be a ghost state.
Excellent evaluation, thanks for the abridged version.
Excellent news ! There is a prayer for the judiciary after all.
William, thank you again for covering Illinois’ ongoing 2A issues. Our views may differ greatly when it comes to law enforcement, however, you have no idea how instrumental you’ve been in our efforts to return common sense to our gun rights in the state. Thank you!
Thank you.
I know this is a pipe dream, but today being the deadline for Maryland to file their response to the Writ of Certiorari for Snope v Brown, I'm kind of hoping someone in the Maryland attorney general's office forgets to file resulting in SCOTUS just blanketly removing the ban on "assault weapons". Though idk how that would actually work if that happened.
Well they filed it last minute of course lol
Thank you!
Seatbelts, airbags, smoke detectors..... That was brilliant. I've never used either of them for self defense yet I am required to have them.
You left out Fire Extinguishers.
Let's do this in Washington state!
So this means I still can't carry a Desert Eagle .50 AE or Smith & Wesson .500 Magnum for self defense. WHY?
I have heard good and bad rulings. But it's rare that I get to say "I AM amused."
Good information, as always. Alas My sense of it is that Mr. Kirk is correct, 30 day stay will go away on appeal. Definition of Government: A group of people who are not well governed.
This judge knocked it out of the park on this one.
Since these "Rights" can be taken away by the Government. Then they are privileges not rights.
Still have to wait for appeal. They’re dragging this as far as they can.
You didn't listen to the last part - LOSE - It's going right back to the ILLEGALLY PAID OFF JUDGES that Prickster payed off last time his tresonous unconstitutional law was upheld against us. Prickster even Violated Illinois State Law by bribing the judges with double the amount allowed by law governing max amount on "Donations"
Thank you, Mr. Kirk, for your factual presentation and explanation of the legal intricacies of the ongoing struggle in Illinois. The "lack of control" argument strikes me as being the opposite of common sense AND completely immaterial vis a vis the Second Amendment to the US Constitution. It seems to me that a definitive clarifying ruling by the US Supreme Court is L-O-N-G overdue on this ridiculous usurpation of the Second Amendment by the mis-government of the State of Illinois.
Thank you
50 Cal does apply to self defense as well, they are conveniently forgetting that We the People have every GOD given natural right to defend ourselves from a tyrannical government as well as all others!
"All lawful purposes." !!!
Great breakdown
Thank you for this and all of your other videos and efforts.
The findings of fact and opinion and order by Judge McGlynn will most assuredly support a Supreme Court challenge. I am pleased with his ruling that PICA violates the 5th Amendment as well. The liberal Cook County suburbs having local AWB ordinances could hardly wait for the state police to share the registration compliance data and start having special ops teams smashing in doors at midnight with warrants.
Let’s see. I wonder if this time around, the high court would take the unusual step of interlocutory relief while 7th Cir. blatantly jacks us around again.
I’ve been so range-deprived t
Wow, that was almost a total homerun ruling. I think this will be a guide for upper and other courts and was possibly what and why the Supreme Court has stepped back on some rulings and granting Cert on some cases.
but what about us? when does washington lose the ban?
january of next year
With Ferguson in the governor's mansion, it'll probably be expanded upon!
The million dollar question....why?
It is disgusting that judges can define what weapons can be controlled by an individual. They forget that there are such things as training of use that seems to be forgotten in their definitions. If a person is properly trained that individual can use a fully automatic weapon without loss of control. The same for firing a .50 cal sniper rifle.
Judges aren't deciding that. They are deciding that the legislature has the power to decide that.
I'm about to be 21 😎 Perfect timing
To get drunk? 😉
Southern Illinois from Centralia, IL. south should be divided up and incorporated into Missouri, Kentucky and Indiana.
“Right to Bear” insurance does not cover Washington residence.
Knowing that the state would appeal as soon as possible, he did everyone a favor by putting the stay to prevent another Freedom Week event from happening. In one part, those from Freedom Week would have likely been able to finally collect, but everyone else with a new purchase would have likely found themselves not being able to collect with the impending appeal.
Ok, in washington we went from bad to worse. How are we going to contain side show bob ? BETTER HURRY. South Dakota is looking good right now !
Problem here is the 2nd Amendment doesn't say, "for self defense purposes ONLY" or "in common use" or "combat use".
Things are gonna change soon. The adults in the room are taking charge, finally.
😂😂😂
@Washington Gun Law So what does this mean for Washington State?
McGlynn stayed the law for 30 days to protect FFLs and gun owners. The last time, when we had a freedom week, and the 7th overturned his decision, they claimed all sales that occurred during those 6 days were illegal. Apparently, it made a headache for FFLs in the state. He knew the state would appeal quickly, that's why he stayed for 30 days.
What is interesting though is 1 of the 2 judges that struck it down last time is no longer a part of that court. So it'll be interesting to see how they will rule this time.
The silliness of the order is saying defense from tyranny is necessary and then saying .50 BMG is not.
.50 BMG can stop a light-armored convoy in its' tracks. Especially if it's firing API.
So, if Dianne Wood is retiring, does that mean the 7th Circuit will have a different hearing panel than before? Easterbrook will remain, but will the open seat tip the scales this time?
Mr. Kirk.
Do you know why Washington State is excluded from Protect with Bear?
I went to sign up but it wouldn't let me.
.
I winter 6 months in Arizona. Can I use my winter address?
Wonderful
Being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. A single sentence that is not difficult to read or understand.