Chicago (CBS) — A federal judge in downstate Illinois has ruled that the state's ban on assault weapons is unconstitutional, but will bar the state from enforcing it for a month to allow a possible appeal.
U.S. District Judge Stephen McGlynn, who sits in federal court in East St. Louis, wrote in his 168-page opinion that the statewide ban on assault-style weapons violates the Second Amendment.
Illinois Protect Communities Act Bans the sale of assault-style weapons and high-capacity magazines, and requires current owners of those weapons to register them with the Illinois State Police.
The legislation, signed into law in January 2023, banned dozens of specific brands or types of rifles and handguns, .50-caliber guns, attachments and rapid-firing devices. No more than 10 rounds will be allowed in any rifle, with a limit of 15 rounds for handguns.
As part of his decision to deem the assault weapons ban unconstitutional, McGlynn issued a permanent injunction barring enforcement of the ban, but he stayed that injunction for 30 days to give the state time to file an appeal. Put it on.
Gun control laws have come under renewed scrutiny in the wake of Supreme Court's decision of June 2022 It implemented a new framework for evaluating the constitutionality of gun restrictions. In that decision, the Court held that for firearms laws to comply with the Second Amendment, the government must identify historical analogs that show the measure is consistent with the nation's history and tradition of firearms regulation.
McGlynn sided with plaintiffs who argued that Illinois' assault weapons ban did not fit the Supreme Court's framework, and who argued that assault weapons are commonly used for self-defense.
“Particularly troubling is that weapons generally owned and used by civilians have been banned, depriving civilians of a major means of protecting themselves and their property in those situations.” “Given where handguns or shotguns are not the only weapons of choice,” McGlynn wrote. “Sadly, there are those who want to usher in a post-Constitutional era where the individual rights of citizens are only as important as they are convenient to the ruling class.”
McGlynn compared the use of firearms for self-defense to equipping vehicles with airbags, ocean liners with lifeboats, or homes with storm shelters.
He wrote, “Why do we protect ourselves with firearms? In life, we face many dangers.” “Often, the dangers we face are imposed on us by other people. By people who are careless, careless, crazy, weak, or evil. Sometimes it is the proverbial lone wolf; sometimes, It's the whole wolf pack. Life comes to your aid in times of crisis. Sometimes, it's the police or first responders; ; One.”
Before the case went to trial earlier this year, McGlynn issued a temporary injunction to put a stop to Illinois stopped short of enforcing its assault weapons ban, but a federal appeals court later overturned that decision. In July, Supreme Court refused to take the caseIt was sent back to McGlynn for trial, which was held in September.
Meanwhile, the case against the assault weapons ban in Maryland has been taken to the Supreme Court. If the Supreme Court takes the Maryland case, it could take the Illinois case — or send it back to the Seventh Circuit Court of Appeals.
Two similar lawsuits are pending in federal court in Chicago.
Gun rights and gun control supporters react
Dan Eldridge was one of the plaintiffs who argued that assault-style weapons banned under Illinois law are commonly used for self-defense purposes.
“Illinois doesn't want to be the test case that shows all of these state so-called assault weapon restrictions are unconstitutional,” said Dan Eldridge, president of the Firearms Licensees of Illinois.
Eldridge said the judge simply ruled that the Illinois law is contrary to the U.S. Constitution.
“This lawsuit was on the merits of the case, and they ruled in our favor, and found that PICA's 'assault weapons' ban is unconstitutional under the Second and 14th Amendments,” he said.
Rachel Jacoby of Highland Park was in Springfield on January 10, 2023 – the day Governor JB Pritzker signed the ban legislation – representing her community. It was July 4, 2022, when a man opened fire with a high-powered rifle at the Independence Day Parade in Highland Park, killing seven people.
Jacoby said, “This verdict is a slap in the face to every single person affected by gun violence in Illinois, as those of us who have been personally affected by gun violence know the pain and trauma that comes with experiencing it. Are.” And in my opinion the judge's decision is senseless and baseless.”
Although the state of Illinois has already appealed the decision, Eldridge said he is hopeful the plaintiffs will be lucky to win.
“And everything goes back to the way it was on January 9, 2023,” Aldridge said.
Jacoby hopes the ban will remain in place, as members of the public should not have access to assault-style weapons.
He said, “We know firsthand the devastation and trauma these assault weapons can cause in our communities, and we want to make sure no other community has to experience that pain, that carnage, and that horror What we have experienced.”
In a statement, Illinois Gov. JB Pritzker's office said:
“The Protect Illinois Communities Act was the result of hundreds of hours of deliberation among legal experts, legislators and advocates, and it makes Illinois a safer place for everyone, regardless of those who value 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. “We expect and are confident that the constitutionality of the Illinois Communities Act will be upheld.”