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Federal Appeals Court grants emergency stay to keep assault weapons ban in place

By Bruce Kropp May 4, 2023 | 9:14 PM
FILE - Assault weapons are seen for sale at Capitol City Arms Supply on Jan. 16, 2013 in Springfield, Ill. (AP Photo/Seth Perlman, File)

The 7th District Court of Appeals in Chicago on Thursday granted an emergency motion to keep the state’s assault weapons ban in place during the ongoing appeals process.

Attorney General Kwame Raoul said he was pleased with the court’s decision to stay the preliminary injunction that had been issued by the Southern District of Illinois.  He notes the Appeals Court decision keeps the act in effect throughout Illinois.  Raoul says they continue to be committed to defending the law’s constitutionality in court.

The decision came in a one-paragraph ruling that set a May 9th deadline for any responses to the motion.

In granting the temporary injunction that has now been stayed, U.S. District Judge Stephen McGlynn based his decision on the ‘reasonable likelihood’ that the law would be found to violate the Second Amendment rights of those seeking to find the law unconstitutional.

Governor JB Pritzker signed the law into effect in January.  It bans the sale and distribution of assault-style weapons as well as high-capacity magazines and switches which allow handguns to be converted into assault-style guns.