Saturday, December 4, 2010

In Illinois Gun Rights News...

This was just announced this morning by the Illinois State Rifle Association:

A case brought against Cook County, challenging its “Assault Weapon” ban passed in 2006, has finally been decided favorably for the ISRA backed Plaintiffs. The case of Wilson, et al. vs Cook County et al., was returned to the State Appellate Court pursuant to the Supreme Court’s exercise of its judicial authority, and the First District Appellate Court has been ordered to vacate its decision and reconsider the case based on the recent decision in McDonald vs. City of Chicago. McDonald was a landmark decision by the United States Supreme Court in which ISRA was one of the Plaintiffs.

In a move that surprised all parties to the litigation, the First District Appellate Court ordered both plaintiffs and defendants to file simultaneous briefs in 15 days, with no Reply briefing allowed. The Appellate court’s Order came within days of the Supreme Court’s issued mandate, which directs the Appellate Court to vacate and reconsider.

The purported “assault weapons,” as defined under the very broad and vague terms of the subject County Ordinance, include numerous semi-automatic handguns and rifles, including the Ar-15, M -1 Carbine, Smith & Wesson P99 pistol, Smith & Wesson 22A, Browning BAR Longtrack, Winchester Super X Rifle, and the Mini-30 Ranch Rifle. just to name a few Since the lawsuit was filed in early 2007. the enforcement of the Ordinance has been at a virtual stand-still, and the objective of the ISRA to see that this unwarranted ban is overturned with finality. A supplementary brief is being filed and the decision of the Appellate Court is expected soon. If required, ISRA is prepared to back this case to the U.S. Supreme Court.
 On September 29th, the Illinois Supreme Court sent this back to the First District Appellate Court with an order to vacate its original decision and to reconsider it in light of the McDonald case. They said:
No. 109314 - Matthew D. Wilson et al., petitioners, v. Cook County, etc., et al., respondents. Leave to appeal, Appellate Court, First District.
Petition for leave to appeal denied.

In the exercise of this Court's supervisory authority, the Appellate Court, First
District, is directed to vacate its order in Wilson v. Cook County, case No. 1-08-1202(08/19/09), and reconsider the matter in light of McDonald, et al. v. City of Chicago, 130 S.Ct. 3020 (06/28/10), to determine if another result is warranted.

1 comment:

  1. Awesome. Maybe someday Ar15's and concealed carry will be the norm in Chicago.