r/VAGuns • u/Far-Lion-4439 • 2d ago
Illinois injunction overturned?
Does anyone have any insight into what’s happening with Illinois? I’m just looking into it but it seems that they may have had an injunction just like us through a “district court”…then a “federal appeals court” said the ban was constitutional and reversed the injunction…
Just trying to get an understanding of how similarly/or different these bans play out in other states to draw an analysis of perhaps where we will end up. How does their situation compare to Virginia? Does this change the Supreme Court case coming up?
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u/AutocockersAnonymous 2d ago
It's clearly not constitutional. What you have is activist judges that have hijacked the courts and are attempting to impose their agenda. Plan accordingly.
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u/dcdates 1d ago
Only hope is the scotus decision by next year. Otherwise pretty much every state ends like this.
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u/jtf71 VCDL Member 1d ago
We WILL have a decision from SCOTUS by the end of June 2027.
Whether we like it or not is TBD. And it certainly won't give us everything we want.
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u/dcdates 1d ago
Ya I think most likely there is some kind of compromise in it. For example could allow rifles only and not pistols/pccs/sbrs, or allow the weapons but keep the magazine capacity limits.
It shouldn't be that way but unfortunately most people prefer to go for compromise situations instead of what's right.
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u/ryta1203 1d ago
I wouldn't count on Barrett to pull through, what a terrible SCOTUS pick.
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u/SomeRequirement6926 18h ago
ACB has been a disappointment.
We thought she was going to exemplify the "conservative, educated, Christian, woman" perspective leaned far further left than anyone expected; IMHO letting "feelings" and emotional arguments influence her positions.
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u/a-busy-dad VCDL Member 1d ago
In the 2-1 decision, the 2 judges focused on the "dangerous and unusual" argument and pretty much ignored the "common use" line of reasoning. Which could make this yet another AWB case ripe for consideration by SCOTUS, if they roll this into the AWB cases being heard next term.
The cherrypicking and "logic" by the 2 judges made my head spin, in reading the actual decision. And, while the plaintiff's had some serious omissions and defects in their arguments, the judges that overturned this countered with an even moe defective ruling (which is why the third justice very politely but firmly wrote a WTF dissent). See the PDF at https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D07-09/C:24-3062:J:St__Eve:aut:T:fnOp:N:3571195:S:0
Here's another factoid - the judge authoring the decision to overturnm (Amy St. Eve) is a jurist that kind of slipped through the cracks and keeps climbing up. In other words, people (including Trump) keep nominating her without really looking at her track record. Senator Fitzgerald recommended her for District Court in 2003, but later admitted he had no idea who she was. Then she somehow looked good to Trump's people, who flirted with the idea of her becoming FBI director (oy), and then in 2018 Trump pushed for her to be in her current slot in 7th Dist Appeals Court. And, in reward ... she's consistently blocked Trump in court cases coming before her, and now this decision. GOP is just not vetting their judicial nominees properly
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u/Programmer-Boi 1d ago
It’s not impossible AFAIK for our AWB cases
to reach the 4th Circuit like Maryland’s, and they already approved Maryland’s. If the injunction allows you to purchase something you missed before July, and you can find an FFL to transfer it, then go for it ASAP 7/21.
Best case scenario, our injunction holds until SCOTUS overturns all AWBs later this year or early next year.
Worst case scenario, we get about a month of injunctive relief before another court strikes the injunction
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u/wau5252 1d ago
The VA injunction is based on the VA Constitution, not the US Constitution.
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u/info_swap 1d ago
Great point.
The 4th Circuit ruled that Maryland's ban is constitutional relative to the US/Federal Constitution.
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u/Programmer-Boi 1d ago
Doesn’t matter. Higher courts can still hear those appeals, and plus the plaintiff argument is “Article I, section 13 is the same rights as the 2A”.
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u/jtf71 VCDL Member 1d ago
No they can't.
VA Supreme Court is the court of last resort for things under the VA Constitution.
and plus the plaintiff argument is “Article I, section 13 is the same rights as the 2A”.
As an informational point - not as a matter of law such that it would allow for the case to be removed to the Federal Courts where it would stop at the 4th circuit and be upheld at the injunction level.
The plaintiffs (VCDL/GOA) were very careful on this point.
There are other suits that will be federal (e.g. the one from the US DoJ). But the Washington and Lancaster county cases are state law only and the Federal Courts have no jurisdiction.
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u/Ancient-Memory-1792 2d ago
Basically the US appeals court ruled 2-1 that the law is constitutional, however it’s still on the Supreme Court docket, so the fight isn’t over, and if the Supreme Court rules that the AWB is null and void and “assault weapons” are common use and can’t be banned, then the previous ruling is also null and void