court-jpg-10

EAST ST. LOUIS — A federal judge who once ruled plaintiffs challenging Illinois’ gun and magazine ban may be able to prove their case now has the option of striking the law down based on the merits.

A consolidated case challenging Illinois’ gun and magazine ban is pending in the Seventh Circuit U.S. Court of Appeals on Second Amendment grounds.

Attorney Thomas Maag brought his challenge that the law is unconstitutionally vague back to the Southern District of Illinois to be heard by Judge Stephen McGlynn.

McGlynn had previously issued a preliminary injunction, saying plaintiffs may succeed in their case. That was stayed by the Seventh Circuit Court of Appeals.

After the vagueness hearing Wednesday in East St. Louis, Maag said a summary judgment would have teeth.

Maag said from the questions McGlynn asked both sides, he’s confident the law will either be partially struck down or entirely struck down.

McGlynn took the case under advisement and didn’t indicate when he’d rule.