1 of 2 | A federal judge in Illinois has ruled the state’s blanket ban on assault weapons is unconstitutional and violates the Second Amendment to the United States Constitution. File Photo by David Becker/UPI
Nov. 9 (UPI) — A federal judge in Illinois has ruled the state’s blanket ban on assault weapons is unconstitutional and violates the Second Amendment to the United States Constitution.
Stephen McGlynn, the U.S. District Judge for the Southern District of Illinois, also ruled elements of the Illinois legislation violated the 14th Amendment, which states “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”
In early 2023, Illinois passed the “Protect Illinois Communities Act,” banning high-powered, assault-style weapons and large-capacity magazines as well as the sale, manufacture, delivery and purchase of assault weapons across the entire state.
The law was crafted following a mass shooting north of Chicago during an Independence Day parade in 2022, which drew national attention.
In November 2023, a federal appeals court in Illinois upheld the ban, saying “even the most important personal freedoms have their limits.”
The three-panel jury overturned a lower court ruling in April that found the state law unconstitutional.
“So much about firearms is contentious, from the political debate to the jurisprudential debate,” McGlynn wrote in his ruling.
“At the crossroads of this debate stands the Second Amendment of the United States Constitution.”
Gov. J. B. Pritzker, D-Ill., championed the law’s passing, calling it “commonsense” at the time.
“Despite those who value weapons of war more than public safety, this law was enacted to and has protected Illinoisans from the constant fear of being gunned down in places where they ought to feel secure,” a spokesperson for Pritzker’s office told The Hill in an email.
“We look forward to the Attorney General filing an immediate appeal and the Governor is confident the constitutionality of the Protect Illinois Communities Act will be upheld through this process.”
McGlynn this past July issued a temporary injunction temporarily halting the law.
The U.S. Supreme Court later declined to take up the issue.
In his ruling this week, McGlynn sided with the plaintiffs in the case.
“[The law] criminalizes knowing possession of hundreds of previously lawful rifles, handguns, and shotguns,” McGlynn wrote
“What is particularly disturbing is that the prohibition of weapons that are commonly owned and used by citizens are now banned, depriving citizens of a principal means to defend themselves and their property in situations where a handgun or shotgun alone would not be the citizen’s preferred arm. Sadly, there are those who seek to usher in a sort of post-Constitution era where the citizens’ individual rights are only as important as they are convenient to a ruling class.”,