Federal Judge Overseeing Illinois Gun Ban Case to Require State to Show “Each and Every Item” Banned

Three federal lawsuits against Illinois’ gun ban made some movement Monday as a federal judge ordered a response from the state to show “each and every item banned.”

There are four cases pending in Southern District of Illinois. One comes from the Federal Firearms Licensees of Illinois. Last week, the plaintiffs in this case filed a motion to temporarily injunct.

Stephen McGlynn, a federal Judge, issued orders to three state defendants in three other cases. “illustrative examples of each and every item banned” under state law.

Thomas Maag brought the Crawford County state-level case, which was transferred to federal court. He said that the judge’s order would make it difficult for the state of Nebraska to comply.

“Because the ban is so all encompassing and uses a great many vague terms that I’m not even sure that exactly what is banned and that’s probably why judge McGlynn ordered the state to do that so that we could find out what exactly we are arguing about,” Maag spoke to The Center Square Monday.

He stated: “the state has a tough row to hoe,” Given the precedent of the U.S. Supreme Court in Second Amendment cases, it is important to remember that these cases must examine text and tradition and not balance state interest against individual civil liberties.

“The plaintiffs in my case remain extremely confident that we’re going to succeed on the merits of this case,” Maag stated. “This statute never should have been passed in the first place. And applying the Bruen analysis, we believe that the days of Illinois’ magazine and firearms ban are numbered and the number is not very large.”

Maag indicated that a ruling regarding a preliminary injunction (which asks the court for a temporary injunction to prevent enforcement of the statute until the final resolution of the case) could be issued sometime between mid-to-late-March and early April.

The state has until Feb. 28 to respond in Maag’s case. The state has until March 1, for the Illinois State Rifle Association case, and March 2, for the National Shooting Sports Foundation case.

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