Federal judge strikes down Illinois assault weapons ban and likely appeals

Southern District Court says law violates 2And Change; Other cases are still ongoing

By PETER HANCOCK
Capitol News Illinois
[email protected]

SPRINGFIELD – Friday in East St. A federal judge in St. Louis struck down Illinois’ assault weapons ban on the grounds that it violated the Second and 14th Amendments.he He amended the U.S. Constitution and issued an order prohibiting the state from enforcing it.

However, this order was postponed for 30 days, giving the state time to object before the decision went into effect.

In a 168-page opinion released Friday afternoon, Judge Stephen McGlynn sided with the plaintiffs in the case, who argued that assault-style weapons banned under the law are generally used for lawful purposes such as self-defense.

“What is particularly troubling is that weapons commonly owned and used by citizens are now prohibited, leaving citizens without essential tools to defend themselves and their property in cases where a handgun or shotgun alone would not be the citizen’s weapon of choice. ” McGlynn wrote.

McGlynn before the case went to trial in March. issued a preliminary injunction It blocks enforcement of the law, saying plaintiffs who challenge the law are likely to prevail on the merits of the case.

But 7he Circuit Court of Appeals reversed this decision and the US Supreme Court in July refused to review sent all cases back to district courts for full trial, along with several other cases that challenged the law.

The case before McGlynn was the subject of a week-long hearing in September. Two other cases, each involving multiple plaintiffs, are pending before district court judges in the Northern District of Illinois in Chicago.

Read more: State completes lawsuit against assault weapons ban

Meanwhile, a panel of three judges consisting of 7 peoplehe The Circuit is scheduled to hear oral arguments on Tuesday, Nov. 12, in a case challenging Cook County’s local assault weapons ban.

Illinois Attorney General Kwame Raoul did not immediately comment on McGlynn’s decision. Governor J.B. Pritzker issued a statement saying he expects the attorney general to “immediately file an objection” and that the bill “will be approved through this process.”

“The Protecting Illinois Communities Act is the result of hundreds of hours of negotiations between legal experts, lawmakers, and advocates and makes Illinois a safer place for everyone,” Pritzker said in a statement. “Despite those who value weapons of war over public safety, this law was passed, protecting Illinoisans from the constant fear of being shot in places where they should feel safe.”

Meanwhile, gun rights groups such as the Firearms Policy Coalition also issued statements celebrating the decision.

“We are pleased that the court found that these bans violate the constitutionally protected rights of Illinois residents and visitors. As we clearly demonstrated at trial, PICA fails even under the Seventh Circuit’s misguided test, which conflicts with binding precedents of the Supreme Court,” said FPC Chairman Brandon Combs said the group is “hopeful” the U.S. Supreme Court will strike down similar bans.

Editor’s note: This story has been updated with a quote from Governor JB Pritzker and the Firearms Policy Coalition.

Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government news to hundreds of news organizations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.