CHICAGO (CBS) — A federal judge in Illinois has ruled that the state’s ban on assault weapons is unconstitutional, but will not ban the state from implementing the ban for a month, leaving it likely to be appealed.
U.S. District Judge Stephen McGlynn, who sits in federal court in East Saint Louis, wrote in his 168-page opinion that the statewide ban on assault weapons violates the Second Amendment.
The Protect Illinois Communities Act bans the sale of assault weapons and high-capacity magazines, and requires existing owners of those weapons to register them with the Illinois State Police.
The legislation, which was signed into law in January 2023, banned dozens of specific brands or types of rifles and pistols, .50-caliber rifles, attachments and rapid-fire devices. No rifle may hold more than 10 rounds, with a 15 round limit for pistols.
As part of his ruling that the assault weapons ban is unconstitutional, McGlynn issued a permanent injunction banning enforcement of the ban, but he suspended that order for 30 days to give the state time to appeal.
Gun control laws have come under renewed scrutiny in the aftermath of the war Supreme Court ruling of June 2022 which imposed a new framework for evaluating the constitutionality of gun restrictions. In that ruling, the court said that for firearms laws to comply with the Second Amendment, the government must identify historical analogues 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 does not fit within the Supreme Court’s framework, and who argued that assault weapons are often used for 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. “Unfortunately, there are those who are trying to usher in some sort of post-Constitution era in which 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 air bags, ocean liners with lifeboats or homes with storm shelters.
“Why do we protect ourselves with firearms? In life we face many dangers,” he wrote. “Too often, the dangers we face are thrust upon us by other people. By people who are negligent, reckless, insane, disabled, or evil. Sometimes it’s the proverbial lone wolf; sometimes it’s the whole wolf pack. Really, Life comes to you quickly. And who comes to our aid in times of danger? Sometimes it’s the police or the first responders; sometimes it’s family, friends or neighbors.”
Before the case went to trial earlier this year, McGlynn issued a temporary injunction prohibit Illinois refused to enforce the assault weapons ban, but a federal appeals court later reversed that decision. In July the The Supreme Court declined to hear the caseand sent it back to McGlynn for a trial, which took place in September.
Two similar lawsuits are pending in federal court in Chicago.
