A federal judge in Illinois has just blocked a 2023 law in the state banning so-called assault weapons and large capacity magazines. The judge, a Trump appointee, essentially ruled that the law violates the second amendment.
The injunction doesn’t go into effect for thirty days to give time for an appeal.
Here’s more from WTTW:
An Illinois judge on Friday issued a permanent injunction against the state’s so-called assault weapons ban, calling it an “unconstitutional affront to the Second Amendment.”
In a lengthy ruling, U.S. District Judge Stephen McGlynn granted the injunction sought by numerous plaintiffs — including gun store owners, gun rights advocacy groups and private individuals — who argued the Protect Illinois Communities Act, known also as PICA, is not constitutional.
“The Government may not deprive law-abiding citizens of their guaranteed right to self-defense as a means of offense,” McGlynn wrote in his 168-page ruling.
PICA, which was signed into law in 2023, banned weapons classified as assault weapons, as well as 15-round handgun magazines and 10-round long-gun magazines, after a shooter used an AR-15-style rifle to kill seven people at a Highland Park Fourth of July parade in 2022.
Since then, it has been illegal to buy or sell guns and accessories listed in the act in Illinois. Those who previously owned guns subject to the law were allowed to keep them, but were required to register with the Illinois State Police.
In a September trial before McGlynn, attorneys for the gun rights advocates argued PICA is unconstitutional because it restricts access to weapons commonly used for lawful purposes. Lawyers with the Illinois Attorney General’s Office claimed, instead, that weapons primarily designed for use by the military are not protected under the Second Amendment.
In April 2023, McGlynn granted a temporary injunction blocking enforcement of the law while the case proceeded, saying he believed the plaintiffs were likely to win on the merits of their case — meaning the law would likely be found unconstitutional.
But the 7th Circuit Court of Appeals quickly reversed that ruling and lifted the injunction. And in a 2-1 ruling in November 2023, the court sided with two other district court judges in Chicago, holding the law likely does not infringe on the Second Amendment and allowing enforcement of the law to continue.
This ruling will likely be struck down by the 7th Circuit and will end up at the Supreme Court, where I sincerely hope they take up the case and permanently block this law. There’s no question that such a firearms ban is unconstitutional.
