Federal Court Rules Illinois Assault Weapons Ban Violates Second Amendment

A federal court has invalidated the Protect Illinois Communities Act (PICA), as US District Judge Stephen McGlynn ruled that the law infringes on Second Amendment rights. This judgment arrived after a four-day trial where arguments were presented by both gun owners and the Illinois government. McGlynn’s decision was informed by recent interpretations of the Second Amendment by the US Supreme Court. The complete findings can be seen in the judge’s document.

The ruling challenges Illinois’ legislative attempts to regulate firearms in the wake of mass shootings, including the Highland Park parade shooting. The Act had prohibited AR-15 rifles and high-capacity magazines, aiming to enhance public safety. However, gun rights advocates argue that these weapons are commonly used for self-defense and other lawful purposes. Notably, opposing rulings have emerged in the state, as evidenced by a recent decision by another US District Judge in Chicago, Lindsay Jenkins, who refused to block the bans. Details regarding that decision are available in this ruling.

Judge McGlynn’s order is temporarily stayed for 30 days, during which Illinois Attorney General Kwame Raoul has indicated plans to appeal. Raoul argues that the ruling undermines efforts to protect communities affected by firearm-related violence. The National Shooting Sports Foundation applauded the ruling, with its Senior Vice President and General Counsel Lawrence G. Keane expressing a strong endorsement of Judge McGlynn’s interpretation of Second Amendment rights. More reactions from the firearms industry can be found on the NSSF website.

This contested issue highlights ongoing judicial tensions over firearm regulations, with the Seventh Circuit previously opting to leave the bans intact. With additional appeals likely, the legal discourse surrounding Second Amendment rights versus state regulatory powers in Illinois is set to continue. For deeper insight into the ongoing case and related legal documents, see here.