A federal judge strikes down Illinois’ assault weapons ban, prompting an appeal likely

Southern District Court says law violates 2i.e Change; other cases are still pending

By PETER HANCOCK
Capitol News Illinois
[email protected]

SPRINGFIELD – A federal judge in East St. Louis on Friday struck down Illinois’ assault weapons ban on the grounds that it violates the Second and 14the amendments to the U.S. Constitution and issued an order prohibiting the state from enforcing this law.

However, that order was stayed for 30 days, giving the state time to appeal before it went into effect.

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

“What is particularly troubling is that the ban on weapons commonly owned and used by civilians is now outlawed, depriving civilians of the most important means to defend themselves and their property in situations where a pistol or shotgun alone is not the would be the citizen’s weapon of choice. ,” McGlynn wrote.

In March, before the case went to trial, McGlynn issued a preliminary injunction blocking enforcement of the law, saying plaintiffs challenging the law would likely prevail on the merits of the case.

But the 7e The Circuit Court of Appeals reversed that decision, and in July the U.S. Supreme Court declined to review it – along with several other cases challenging the law – and referred all cases back to the district courts for full proceedings.

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

Read more: State completes case against weapons ban

Meanwhile, there is a panel of three judges out of 7e The Circuit will hear oral arguments on Tuesday, November 12, in a case challenging Cook County’s local ban on assault weapons.

Illinois Attorney General Kwame Raoul did not immediately comment on McGlynn’s ruling. Gov. JB Pritzker issued a statement saying he expects the attorney general will “immediately file an appeal” and that the law “will be enforced through this process.”

“The Protect Illinois Communities Act was the result of hundreds of hours of consultation among legal experts, lawmakers and advocates, and makes Illinois a safer place for everyone,” Pritzker said in a statement. “Despite those who prioritize weapons of war over public safety, this law was enacted to protect Illinoisans from the constant fear of being shot in places where they should feel safe.”

Gun rights groups such as the Firearms Policy Coalition, meanwhile, released statements celebrating the ruling.

“We are pleased that the Court correctly found that these bans violate the constitutionally protected rights of Illinois residents and visitors. As we have clearly shown at trial, PICA fails even under the Seventh Circuit’s misguided test, which conflicts with the Supreme Court’s binding precedent,” said FPC President Brandon Combs, noting that the group is “hopeful ” was that the U.S. Supreme Court would 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 reporting to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.