Some Illinoisans who started the transfer of a firearm in the six days the state was enjoined from enforcing a ban are in limbo now that the law is back in effect. The Seventh Circuit Court of Appeals looks to consolidate several gun ban challenges into one.
On April 28, Southern District of Illinois federal Judge Stephen McGlynn enjoined the state from enforcing a ban on more than 170 semi-automatic guns and certain magazines. Gun stores reported record sales. Late Thursday, the Seventh Circuit Court of Appeals issued a stay on that injunction, halting sales while the case proceeds.
Maxon Shooter’s Supplies owner Dan Eldridge said unlike when the ban was first implemented on Jan. 10, there is no provision allowing for sales to be completed this time.
“Our advice to customers is ‘sit tight,’” Eldridge told The Center Square. “We are going to appeal this. We are going to go through the process. We’re going to get clarity from Judge McGlynn on his order, whether we can open the window to deliver people their property or imagine somebody who brought a firearm into gunsmithing and we took it in good faith to repair it and now we can’t return it to them.”
GAT Guns compliance officer Nicole Guvenzo said when the injunction was in place, they had a large volume of buyers. Then the stay of the injunction turned that off, leaving some gun buyers lingering.
“We are seeking legal counsel on whether we can complete these transactions or not, and we have not heard a final decision on that,” Guvenzo told WMAY.
Illinois State Police said in consultation with the Illinois Attorney General’s office, if a purchase was initiated but not completed between the injunction and the stay, “the delivery of such weapon would be unlawful.”
“If the purchase of a firearm or firearm attachment banned under [the Protect Illinois Communities Act] was initiated and completed between the date of the Southern District of Illinois’ Order on April 28, 2023, until the stay of such Order by the U.S. Appellate Court on May 4, 2023, the possession of such weapon will be unlawful beginning January 1, 2024,” ISP told The Center Square in an email. “Persons who possess a banned firearm or firearm attachment are required to endorse an affidavit by January 1, 2024, stating that any banned firearm or firearm attachments were possessed prior to the enactment of PICA (January 10, 2023) pursuant to 720 ILCS 5/24-1.9(d).”
Gov. J.B. Pritzker praised the stay in a tweet, saying restoring the law “allows” the state “to keep dangerous weapons off the street.”
“As I have said since the passage of this law, this is a constitutional piece of legislation that was carefully crafted by members of the General Assembly and advocates to keep Illinois communities safe,” Pritzker said.
State Rep. Bob Morgan, D-Deerfield, said the stay keeps “killing machines that have caused carnage” off the streets.
“We know the fight isn’t over – the gun lobby will continue to try and block any common sense efforts to keep assault weapons off our streets,” Morgan said.
While gun control advocates applauded the appeals court’s stay, Eldridge said there was no emergency to prompt such action.
“You had law-abiding Illinois citizens going about their lawful business buying guns like they’ve been doing for the last 20 or 30 years,” Eldridge said. “There was no emergency.”
The gun ban challenges are expected to be fully resolved by the U.S. Supreme Court, but a timeline of when or how is unclear.
Plaintiffs in the Southern District case have until May 9 to reply to the stay issued by the Seventh Circuit.
Separately, Monday is also when Naperville must answer to U.S. Supreme Court Justice Amy Coney Barrett in a motion for an emergency injunction sought by plaintiffs Law Weapons.
On Friday, the Seventh Circuit Court of Appeals ordered the four plaintiffs groups challenging Illinois’ gun ban in the Southern District of Illinois to consolidate with five cases consolidated together in the Northern District of Illinois. Responses are due May 11.