State defends gun ban district court ruled unconstitutional

State defends gun ban district court ruled unconstitutional

(The Center Square) − Ahead of oral arguments over Illinois’ gun ban in the federal appeals court, attorneys for the state filed their final reply brief.

Part of the state’s argument filed Thursday is that the firearms banned in 2023 are both dangerous and unusual. They cite that only 0.64% of the state’s population registered their firearms.

“Relatedly, plaintiffs cite the district court’s estimate that between 14.1 and 18.2 million adults own AR-platform rifles,” the filing says. “Even if these national numbers were more probative than the Illinois-specific data, that would amount to only 5% of Americans. In short, the evidence showed that these firearms are not widely possessed.”

Todd Vandermyde advocates for the Second Amendment.

“They are inferring that the only people that own these are people who registered them, not taking into account that people own them and may have moved them out of the state or just flipped the middle finger to [Illinois Gov. J.B.] Pritzker,” Vandermyde told The Center Square.

The state argued the banned firearms aren’t necessary for self defense.

“About [large capacity magazines], plaintiffs describe testimony that having more ammunition available makes a person safer, as well as anecdotal incidents in which an individual fired more than 10 bullets in self-defense,” the filing says. “These isolated incidents cannot undermine the data establishing that civilians use between two and three bullets on average when firing in self-defense. And even in the hypothetical situation in which more than 10 shots from a long gun or more than 15 shots from a handgun might be desired, the Act presents no problem: it regulates only how many shots can be fired without reloading, not the total amount of ammunition a person can have.”

Vandermyde said the Second Amendment right to keep and bear arms isn’t just for self-defense.

“If you wanna collect AR-15s from every manufacturer because … it’s like collecting doorknobs, so be it, that is a perfectly lawful use,” Vandermyde said. “If you wanna use it for competition shooting, fine.”

With the record from the district court’s four-day bench trial and 7,000 pages of evidence and testimony, Vandermyde said it’s a perfect case for the U.S. Supreme Court.

“Because, final judgement, record, you know they’ve gone back and forth, the whole nine yards,” he said.

Ultimately, Vandermyde said the case is going to the U.S. Supreme Court. It just depends on when that happens after the appeals court completes the case.

“Somebody just needs to get up there in front of the court next month and say ‘we understand that this isn’t the last stop for this train, so whatever you do, rule, rule fast and let’s get on with it,’” Vandermyde said.

Oral arguments for the case in the appeals court are set for Sept. 22.

Leave a Comment





Latest News Stories

Screenshot 2025-06-05 at 1.43.14 PM

Board Meeting Shorts

Budget Amendment Approved: The board approved amendments to the fiscal year 2025 budget totaling $121.7 million in revenue and $120.1 million in expenses. Changes primarily reflect bond proceeds and related...
Screenshot 2025-06-05 at 1.43.56 PM

Student Council Presidents Highlight Senior Year Accomplishments

Lincoln Way's three student council presidents delivered their final speeches of the school year, highlighting major accomplishments and memorable events before graduating this weekend. Jason Sro from Lincoln Way Central...
Screenshot-2025-06-16-at-3.26.08-PM-1

Will County Board Meeting Briefs Package

COUNTY APPOINTMENTS Fire Protection District: Board approved county executive appointments to Manhattan Fire Protection District board. Agricultural Committee: Approved appointment to Agricultural Area Committee with Member Judy Ogala abstaining due...
Police blue and red flashing light on the car in the street

Manhattan Police Reports

On May 14th, at 1225 A.M. officers observed a vehicle traveling in the area of West North & Foxford at a high rate of speed. Officers radar indicated the gray...
Manhattan School District 114 Logo Graphic

Manhattan District Adopts New Math Program After Comprehensive Review

The Manhattan School District 114 Board of Education unanimously approved the adoption of Eureka Math Squared for kindergarten through eighth grade on Tuesday, concluding a year-long evaluation process involving 25...
Manhattan School District 114 Logo Graphic

Manhattan Junior High Scholastic Bowl Team Places Second at State Championship

Manhattan Junior High School's scholastic bowl team achieved a historic milestone by placing second in the state championship, marking the first time in the program's eight-year history that the team...
Manhattan School District 114 Logo Graphic

Enrollment Growth Prompts Staffing Discussions as Construction Continues

Manhattan School District 114 continues managing significant enrollment growth while construction projects remain on schedule for completion by the end of the school year. Current kindergarten enrollment of 218 students...
Manhattan School District 114 Logo Graphic

School District 114 Meeting Briefs

Budget Display Scheduled: The district's fiscal year 2025 amended budget will be on public display from May 15 through June 17, with board approval scheduled for the June 17 meeting....
Manhattan Township

Manhattan Road District Eyes $2.1M Budget, Hinges on Unguaranteed Solar Farm Funds

The Manhattan Township Road District is proposing a $2.15 million budget for the upcoming fiscal year, a plan that includes the purchase of a new truck and finishing a storage...
Manhattan Township

Manhattan Township Delays Decision on Critical Server Upgrade Amid Security Concerns

Manhattan Township officials are weighing a costly but necessary technology upgrade after learning their primary server is a decade old and runs on unsupported software, posing a potential cybersecurity risk....
frankfort-park-district.1

Frankfort Park District Reorganizes Board, Explores Options for Tax-Impacting Projects

FRANKFORT – The Frankfort Park District Board seated its re-elected members, reorganized its leadership, and approved its new annual budget on Tuesday, while also revealing it is actively exploring options...
Manhattan Township

Assessor Announces End to “Empathetic” Tax Reductions, Raises Senior Freeze Threshold

Manhattan Township homeowners will see two significant changes in property assessment rules, including the end of a long-standing practice of granting tax reductions for fire-damaged properties and a beneficial increase...
Manhattan Township

Meeting Briefs: Manhattan Township for May 13, 2025

Officials Sworn into Office: Clerk Kelly Baltas administered the oath of office to newly elected and re-elected officials. Taking the oath were Supervisor James F. Walsh and Trustees Eileen Fitzer, Paul...
frankfort-park-district

Aging Sara Park Building Poses Challenge for Park District

The Frankfort Park District is grappling with how to address the deteriorating Sara Park building, whose roof is in "bad shape" and whose location within a flood plain complicates any...
frankfort-park-district.1

Meeting Briefs: Frankfort Park District Board for May 13, 2025

The Frankfort Park District Board of Commissioners re-elected its leadership team for a new term and approved its fiscal year 2025-2026 budget at its meeting on Tuesday. The board also...