Don't Freak Out Illinois, There is a Long Way to Go

Published on December 15, 2023
Duration: 5:25

William Kirk of Washington Gun Law provides an expert analysis of the 'Bevis v. Naperville' case, where the Seventh Circuit declined to rehear the challenge to Naperville's assault weapon ban. He explains that Justice Coney Barrett's denial of an emergency review, while a setback, opens the path for a Writ of Certiorari to the US Supreme Court. Kirk emphasizes that this denial is not the end of the legal fight and suggests potential consolidation with 'Caulkins v. Pritzker' for a broader challenge to Illinois gun laws.

Quick Summary

Justice Amy Coney Barrett denied an emergency review for 'Bevis v. Naperville,' a case challenging Naperville's assault weapon ban. While a setback, this denial allows the plaintiffs to petition the U.S. Supreme Court via a Writ of Certiorari, the standard procedure for Supreme Court review.

Chapters

  1. 00:00Introduction & Location
  2. 00:20Illinois Gun Law Situation
  3. 00:44Bevis v. Naperville Update
  4. 01:13Long-Term Strategy
  5. 01:50Case Details & Comparison
  6. 02:117th Circuit Denials
  7. 02:34Justice Barrett's Role
  8. 02:50Interlocutory Review Explained
  9. 03:31Path via Writ of Certiorari
  10. 04:16Opportunity for Consolidation
  11. 04:47Conclusion & Disclaimer

Frequently Asked Questions

What was the outcome of the 'Bevis v. Naperville' case at the Seventh Circuit level?

The Seventh Circuit's en banc panel declined to rehear the 'Bevis v. Naperville' case, which challenged Naperville's assault weapon ban. This followed a denial by a three-judge panel of the same circuit.

What is the significance of Justice Coney Barrett denying the emergency review in 'Bevis v. Naperville'?

Justice Coney Barrett's denial of the emergency application, while a setback, means the case is now considered final. This allows the plaintiffs to pursue a Writ of Certiorari to the U.S. Supreme Court, which is the standard path for cases to reach the highest court.

What is a Writ of Certiorari and how does it apply to gun law cases?

A Writ of Certiorari is a formal request for the U.S. Supreme Court to review a lower court's decision. It's the normal way most cases reach the Supreme Court after all other appeals have been exhausted, including in significant Second Amendment challenges like 'Bevis v. Naperville'.

Can 'Bevis v. Naperville' be combined with other gun law cases?

Yes, there is an opportunity to consolidate 'Bevis v. Naperville' with 'Caulkins v. Pritzker,' a case challenging a broader statewide ban and gun registry in Illinois. This consolidation could present a more comprehensive challenge to the Supreme Court.

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