Federal Judge Blocks Illinois Assault Weapons Ban

Illinois Assault Weapons Ban Blocked by Federal Judge

A federal judge in Illinois has issued a preliminary injunction against the Protect Illinois Communities Act (PICA), blocking the state’s assault weapons ban from taking effect. Judge Stephen P. McGlynn of the Southern District of Illinois ruled that the law likely violates the Second Amendment and Supreme Court precedents set by the Heller and Bruen cases.

Second Amendment Rights Upheld

McGlynn ruled against the law’s prohibition on “non-essential accessories” on firearms, such as threaded barrels, barrel shrouds, flash suppressors, or arm braces, as well as bans on 15-round handgun magazines. The judge found that prohibiting accessories like arm braces, without any exceptions, interferes with the right of individuals with disabilities to use firearms. Furthermore, accessories that increase firearm proficiency, like pistol grips and flash suppressors, are also protected. The court also found that accessories, high-capacity magazines, and “assault rifles” like AR-15s and AK-47s are protected under “common use” because all of them have millions of units in circulation.

Constitutional Rights of Law-Abiding Citizens

McGlynn questioned whether the senseless crimes of a few can justify the infringement of the constitutional rights of law-abiding individuals. He stated that no state may enact a law that denies its citizens rights that the Constitution guarantees them. Even legislation that may enjoy the support of a majority of its citizens must fail if it violates the constitutional rights of fellow citizens.

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