In a longshot appeal to the US Supreme Court, Naperville, Illinois gun shop owner Robert Bevis sought a preliminary injunction against that city’s ban on the sale of popular self-defense firearms and the magazines that feed them. Both the district court and the Seventh Circuit Court of Appeals denied requests for an injunction.
Justice Amy Coney Barrett handles emergency appeals from the Seventh Circuit and she has
ordered asked the city to respond to Bevis’ petition by May 8th. Ordinarily, the vast majority of these emergency petitions are turned away without comment by the justices. Justice Barrett asking the city of Naperville to respond is seen as a very positive sign to many, but especially Mr. Bevis.
Mr. Bevis told me he’s spent over $150,000 on legal bills fighting the city’s ordinance after it passed last fall. The National Association for Gun Rights has stepped in and is now paying for the legal team and has joined the case as a plaintiff.
Here’s more from Stephen Gutowski at The Reload . . .
The move may indicate the Court is getting closer to taking up a case against so-called assault weapons bans. After it handed down a new test for gun cases in New York State Rifle and Pistol Association v. Bruen, the Court ordered the Fourth Circuit to rehear a case upholding Maryland’s ban. Federal judges have been split on whether the bans violate the Second Amendment under the new test, opening the door for potential Supreme Court intervention and clarification.
Illinois enacted a statewide ban earlier this year, but it has since been blocked in state and federal court. It has also faced substantial backlash from Illinois sheriffs, a majority of which say they won’t enforce the ban because they consider it unconstitutional.
NAGR was denied a preliminary injunction against the Naperville ordinance in February, and the Seventh Circuit rejected the gun-rights group’s request to block enforcement of the law while its appeal is being processed. Now, the group is making the same request to the Supreme Court.
If the Court does issue an injunction against the ordinance, it will signal similar bans adopted by ten states are unconstitutional. That could upend the debate over gun control in America, which has largely centered around prohibitions on the AR-15 and similar guns. But, while Barrett’s request for a brief increases the odds the case will see action, most cases where briefs are requested do not get a full hearing…
“We are aware of the request and anticipated that there would be legal challenges, but at this point we do not have any comment,” Linda L. LaCloche, Naperville communications director, told The Reload.
Bevis has reportedly offered the city a settlement offer to help them avoid a huge judgement if he wins his case. Given the municipal election turned out some of the more radical, anti-gun members of the city council and replaced them with more gun-friendly council members, his offer may have legs. Oh, and there’s a new mayor in city hall as well.
Bevis’ position may grow much stronger if Justice ACB issues an emergency injunction in the case. Watch this space.
Read full article here