The US Court of Appeals for the Seventh Circuit recently vacated a preliminary injunction against the Illinois assault weapon ban that was passed earlier this year, enabling the ban to come into effect.
The 2-1 majority opinion of the court was penned by Circuit Judge Diane Wood, who noted that under the precedent of the Supreme Court case New York State Rifle & Pistol Association, Inc. v. Bruen, the first step of analysis under the Bruen framework requires ascertaining whether the legislation qualifies for protection under the Second Amendment. According to Judge Wood’s interpretation, the plain text of the Second Amendment does not encompass weapons reserved for military use, which are the focal point of the ban, and concluded that these military weapons are not covered under the right to bear arms guaranteed by the amendment.
Conversely, Circuit Judge Michael Brennan, who dissented with the majority opinion, argued that the firearms targeted by the ban are protected under the Second Amendment. Proceeding on the basis of this hypothesis, he proceeded with the second part of the Bruen analysis, which mandates the government to demonstrate that the regulation aligns with the nation’s historical tradition of gun regulation. He concluded that such bans do not feature in the nation’s tradition and history of firearm regulation.
In response to the court’s ruling, Illinois Governor J.B. Pritzker applauded the decision, celebrating it as a victory for gun safety advocates. Earlier this year, Governor Pritzker had authorized a statewide ban on the sale and manufacture of assault rifles via the Protect Illinois Communities Act (PICA). This law bans the sale and manufacture of assault weapon attachments, cartridges over .50 caliber, and certain pistols.
Notably, this ruling follows multiple court cases focused on PICA, including an opinion by an Illinois state judge declaring PICA unconstitutional under the state’s Constitution—an opinion that was subsequently overruled by the Illinois Supreme Court.
For more details on this news and its implications, check the full report at Jurist