Federal judge ‘inclined’ not to pause Illinois’ Jan. 1 gun ban registry deadline

(The Center Square) – A federal judge in southern Illinois said Tuesday he is “inclined” to not issue a temporary injunction against the state’s Jan. 1 gun ban registration deadline. That comes after the Joint Committee on Administrative Rules took no action on proposed registry rule revisions.

In Chicago, JCAR took no action on revised rules, opting to continue reviewing the proposed changes at January’s meeting in Springfield. The original emergency rules filed by Illinois State Police on Sept. 15 remain in effect.

When questioned by state Rep. Ryan Spain, R-Peoria, at Tuesday’s JCAR meeting, ISP attorney Suzanne Bond said the reason they didn’t produce rules for months after the law’s Jan. 10 enactment was because of pending court action.

“So by the time that those issues were resolved, we needed to exercise the authority that the legislature had given us to file both emergency rules and proposed rules,” Bond said.

The measure is still being challenged on several fronts in the federal judiciary. In East St. Louis Tuesday, Southern District of Illinois Federal Judge Stephen McGlynn heard oral arguments in a motion to delay implementation of the Jan. 1 deadline to register. Criminal penalties could apply for those found out of compliance.

Attorneys representing the Federal Firearms Licensees of Illinois and other plaintiffs argued proper notification had not been given, even citing that the emergency rules filed to JCAR are not finalized, leaving people confused. The state argued they have given proper notice through the administrative rules process.

After hearing arguments from the litigants, McGlynn said he hasn’t made up his mind yet, but said he was “inclined” to not issue an injunction against the Jan. 1 deadline, saying that would be appealed and possibly overturned in the Seventh Circuit U.S. Court of Appeals, making things messier. He expects to issue a ruling promptly and urged for swifter action on addressing the merits of the challenges.

A pending motion in front of U.S. Supreme Court Justice Amy Coney Barrett asks for the justice to issue a preliminary injunction against the law while the challenge plays out. That’s after the Seventh Circuit U.S. Court of Appeals this week denied motions for the full appeals court to rehear the case.

Bond told the Joint Committee on Administrative Rules earlier in the day if the measure is found unconstitutional, they’d be looking for guidance from the courts on what to do with disclosures from nearly 7,000 people who have registered with Illinois state police.

“We would hope that that wouldn’t have to come from the legislature,” Bond said. “We would hope that in deciding this litigation, the courts would direct the state police on what to do with that data.”

Failure to comply with the law could carry up to a Class 3 felony.