Federal judge rules Illinois’ assault weapons ban is unconstitutional

CHICAGO (CBS) – A federal judge in Illinois has ruled that the state’s ban on assault weapons is unconstitutional, but will bar the state from enforcing the ban for a month to allow for a possible appeal.

U.S. District Judge Stephen McGlynn, sitting in federal court in East Saint Louis, wrote in his 168-page opinion that the nationwide ban on assault weapons violates the Second Amendment.

The Protect Illinois Communities Act Prohibits the sale of assault weapons and high-capacity magazines and requires existing owners of these weapons to register them with the Illinois State Police.

The law, which took effect in January 2023, bans dozens of specific brands or types of rifles and handguns, .50-caliber weapons, accessories and rapid-fire devices. No rifle may hold more than 10 rounds; handguns are limited to 15 rounds.

As part of his ruling that the assault weapons ban is unconstitutional, McGlynn issued a permanent injunction barring enforcement of the ban, but suspended that injunction for 30 days to give the state time to appeal.

As a result, gun control laws were put under renewed scrutiny Supreme Court decision from June 2022 This introduced a new framework for evaluating the constitutionality of gun restrictions. In that ruling, the court explained that in order for firearms laws to be consistent with the Second Amendment, the government must identify historical analogies 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 within the Supreme Court’s framework and who argued that assault weapons are often used in self-defense.

“Of particular concern is the ban on weapons commonly owned and used by citizens, thereby depriving citizens of the ability to defend themselves and their property in situations involving a handgun or shotgun alone would not be the citizen’s weapon of choice,” McGlynn wrote. “Unfortunately, there are those who want to usher in a kind of post-constitutional era in which the individual rights of citizens are only as important as they are practical for the ruling class.”

McGlynn likened the use of firearms for self-defense to equipping vehicles with airbags, ocean liners with lifeboats, or homes with storm shelters.

“Why do we protect ourselves with guns? In life we ​​face many dangers,” he wrote. “Too often the dangers we face are forced upon us by other people. By people who are careless, reckless, crazy, impaired or evil. Sometimes it’s the proverbial lone wolf, sometimes it’s the entire wolf pack. Really, life comes to your rescue quickly. Sometimes it’s the police or first responders, sometimes it’s family, friends or neighbors.”

Before the case went to trial earlier this year, McGlynn filed a temporary restraining order forbid Illinois was blocked from enforcing the assault weapons ban, but a federal appeals court later overturned that decision. In July the The Supreme Court refused to take the caseand sent it back to McGlynn for trial, which took place in September.

Two similar lawsuits are pending in federal court in Chicago.