Attorney Claims Illinois Gun Ban Case a ‘Full Monty’ For Supreme Court

I’m of the opinion that there’s nothing that Illinois can’t screw up. Time and time again, they’ve just doubled down on bad ideas and continue passing gun control laws despite the previous measures being shown to accomplish something between “jack” and “squat.”

There’s a term for doing the same thing over and over again, expecting a different result.

But their 2023 gun ban is likely something rife with opportunity for the Supreme Court, according to one influencer attorney.

William Kirk, of the YouTube channel “Washington Gun Law,” visited Illinois recently. In addition to urging Illinoisans to stay and fight for their gun rights, he also spoke about the ability of the state’s assault weapon ban to survive legal challenge.

The ban, in place since January 2023, prohibits the sale and possession of more than 170 semi-automatic firearms. After a federal district judge found the law unconstitutional, the state appealed.

Visiting Illinois this week from Washington state to talk with fans, Kirk said the three judge appeals panel could rule in favor of the plaintiffs.

“I think that if that happens, the state of Illinois will appeal,” he said. “The next day, the Seventh Circuit full en banc panel will swoop and issue a stay and eventually screw it all up.”

Kirk said Illinois’ case from the Southern District could be “the full Monty,” exactly what the U.S. Supreme Court is looking for.

“Because it has a magazine ban and it has a platform ban, and it also has an unlawful gun registry all wrapped into one piece of legislation,” he said.

Kirk said also notable in the case is a filing from the U.S. Department of Justice siding with plaintiffs that the law is unconstitutional.

I think Kirk is right about this, though that doesn’t mean much as I’m not an attorney, nor did I stay at a Holiday Inn Express last night (and if you get that joke, you’re probably old).

The measure in Illinois is extensive and problematic. It bans a lot of firearms, has a registry, a magazine ban, and all of that likely makes it more enticing for the Supreme Court.

However, I’m less sanguine about whether they actually take it up than he is. I’m not as sold on SCOTUS protecting our right to keep and bear arms as I was a few years ago.

Still, this is big, and I don’t really see how the conservative justices could argue that this is acceptable. Not after Bruen, at least.

I’m not sure how much of my agreement is that Kirk is right and how much of it is that I desperately want him to be right. Still, he’s the attorney and I’m the observer. I think there’s a lot of validity to what he’s saying here, especially in light of things like Bruen. I cannot picture any way this can be upheld under the circumstances.

As for people in Illinois staying and fighting, well, I don’t know that he’s wrong there. I don’t know that he’s right, either. After all, it’s hard to fight when that’s all you’ve been doing without much in the way of wins to count.

Editor’s Note: A growing number of Second Amendment cases are crying out for the Supreme Court’s attention. 

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