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« Florida Supreme Court upholds law penalizing violations of pre-emption statute | Main | Defensive shootings this month »

So enjoyable to read....

Posted by David Hardy · 20 January 2023 06:53 PM

"EVERYTOWN STATEMENT ON TEMPORARY RESTRAINING ORDER AGAINST THE PROTECT ILLINOIS COMMUNITIES ACT

SPRINGFIELD, Ill. - Everytown for Gun Safety and the Illinois chapter of Moms Demand Action, a part of Everytown for Gun Safety's grassroots network, released the following statement regarding the temporary restraining order issued by a state court judge against the Protect Illinois Communities Act, a critical gun violence prevention legislative package signed into law by Governor J.B. Pritzker earlier this month.

"We strongly disagree with the court's decision which focused on meritless claims of procedural defects in the passage of the law and included a gross misreading and misapplication of the recent U.S. Supreme Court case interpreting the Second Amendment," said John Feinblatt, president of Everytown for Gun Safety."

9 Comments | Leave a comment

Fyathyrio | January 20, 2023 10:42 PM | Reply

Liberal tears make the best gun lube.

Hillary's jockstrap | January 21, 2023 2:15 AM | Reply

I find this tidbit from the judge's ruling particularly tasty, it's way past time these exemptions should be allowed. From the Cook County Record . . .

"The judge said the state defendants "offered no evidence" that a "newly created class" of police, active duty military, prison wardens, correctional officers and others who would still be allowed to possess the banned weapons "were any more or less likely to commit these crimes, nor did they provide evidence that the individuals excluded from this class were more likely to commit crimes."

The judge said he believes this distinction under the law may violate the state constitution's guarantee of equal protection under the law, and may not withstand scrutiny in light of recent U.S. Supreme Court decisions concerning striking down laws restricting firearms ownership and use."

Flight-ER-Doc | January 22, 2023 11:56 AM | Reply

Seems like these legislators think they are some sort of nobility, for whom the laws are waived...

Hank Archer | January 22, 2023 4:13 PM | Reply

It seems to me that this statement by the judge in this case could easily be applied to a case against the Law Enforcement Officers Safety Act (LEOSA), which gives special, and nationwide, Concealed Carry rights to LEOs - both active and retired.

"The judge said he believes this distinction under the law may violate the state constitution's guarantee of equal protection under the law, and may not withstand scrutiny in light of recent U.S. Supreme Court decisions concerning striking down laws restricting firearms ownership and use."

Dave D. replied to comment from Hank Archer | January 23, 2023 7:16 AM | Reply

…Except, Hank, State Constitutional guarantees don’t apply to Federal Statutes.
…Federal 14th amendment guarantees might. LEOSA can be shoehorned into a national carry act though the certification requirements would have to change greatly, or be removed. There aren’t enough ranges to accommodate the cert’s.
…While we are at it, lets fund weapons training centers on a scale similar to Eisenhowers Federal Highway Act. Now that’s infrastructure we can get behind !

wrangler5 | January 23, 2023 12:40 PM | Reply

Make gun safety training, gun handling training, and gun SHOOTING training and regular SHOOTING practice mandatory for any school that receives "federal funds" directly or indirectly. It would apply to any student age 10 or older. (I started shooting a 22 rifle at age 6, so age 10 should not be a problem.)

And you could NOT avoid providing these things by claiming that state or local laws prohibited guns/shooting in or near the school. If the federal funds are important to the schools then persuade the lawmakers to change the laws. If not, just do without the federal funds.

Hank Archer replied to comment from Dave D. | January 25, 2023 9:06 AM | Reply

US Constitution Article I, Section 9 Powers Denied Congress, Clause 8 Titles of Nobility
No Title of Nobility shall be granted by the United States
I think it could be effectively argued that giving LEOs and retired LEOs exemption from some laws could be considered granting a title of nobility.

FW | February 9, 2023 4:17 PM | Reply

The Equal Protection clause are violated when LEOs and retired LEOs are given special considerations by any laws. Unless there's something between the lines I can't see, any special treatment is prohibited in all cases.

FW replied to comment from FW | February 9, 2023 4:18 PM | Reply

is not are

Mea culpa

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