An Illinois federal judge has ruled that the state’s ban on assault rifles is unconstitutional, citing that it breaches Second Amendment protections. In his judgment, U.S. District Judge Stephen McGlynn issued an injunction to halt enforcement of the ban, though he placed a 30-day hold on its effect to allow for an appeal.
The ruling comes after an Illinois federal appeals court recently upheld the assault weapon ban, which had been enacted following a mass shooting at a Fourth of July parade near Chicago. The appeals court argued that restrictions like this represent a lawful limitation on the Second Amendment.
Judge McGlynn raises concerns about the impact of Illinois’ assault weapon ban on lawful gun owners
Judge Diane Wood, writing for the appeals court in that case, explained that certain rights, such as those related to public safety or free assembly, are subject to reasonable controls. She stated, “The right enshrined in the Second Amendment is no different,” suggesting that restrictions on firearms can be justified similarly.
Judge McGlynn highlighted the deep divisions over gun regulations, noting that debates about firearms, particularly those labeled as “assault weapons,” remain intense and multifaceted.
The challenged law, called the Protect Illinois Communities Act, was implemented to ban the sale and distribution of high-capacity magazines, assault-style weapons, and specific firearm modifications. Existing owners of these items were required to submit an affidavit to retain them legally under the new rules.
Governor JB Pritzker, who signed the legislation in January, has argued that it represents a practical approach to public safety. Judge McGlynn expressed concern over the law’s broad restrictions, stating it “criminalizes knowing possession of hundreds of previously lawful rifles, handguns, and shotguns.”
Acknowledging the complexity of the gun debate, McGlynn wrote that there is little consensus on how to define terms like “dangerous,” “unusual,” or “military weapon” and added that he sought clarity rather than imposing his own policy views.
A spokesperson for Pritzker defended the measure, noting it was crafted through extensive deliberation with legal experts and safety advocates, and argued it offers critical protections for Illinois residents.
The representative also stated that despite opposing views, this law aims to shield Illinoisans from everyday threats of gun violence, and that the state Attorney General will promptly file an appeal. Governor Pritzker remains optimistic that the Protect Illinois Communities Act will be upheld.
