(WBBM NEWSRADIO) — A federal judge has struck down Illinois’ assault weapons ban.
The East St. Louis judge ruled against the ban in the case Harrel v. Raoul, saying it violates both the Second and the 14th amendments to the U.S. Constitution. He also said that assault style weapons banned under the law are commonly used for legal purposes such as self-defense.
At this point, an automatic 30 day stay has been issued, which gives the state time to appeal.
The ban was passed in 2022 following the Highland Park parade shooting. It bans semi-automatic weapons, like AR-15s and high-capacity magazines.
“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,” McGlynn, who was appointed by President Donald Trump during his first term, wrote in his opinion. “The oft-quoted phrase that ‘no right is absolute’ does not mean that fundamental rights precariously subsist subject to the whims, caprice, or appetite of government officials or judges.”
There are two similar lawsuits being considered in Chicago in federal court being considered there.
The Illinois Attorney General’s Office issued the following statement:
Although this decision is disappointing, the Protect Illinois Communities Act remains in effect for the next 30 days. The law is an important part of the state’s comprehensive efforts to make communities safe from gun violence. We will continue to defend the law’s constitutionality, as we have in courtrooms throughout Illinois, and plan to appeal the court’s decision.
The Illinois State Rifle Association is applauding the decision:
The ISRA is proud to announce that Federal District Judge Stephen McGlynn has found the provisions of the Illinois ban on commonly owned firearms and accessories known as “PICA” to be unconstitutional. Furthermore, the State of Illinois is prohibited from enforcing provisions of this unconstitutional law related to registration, possession, and purchases of commonly owned firearms and accessories after December 8th, 2024.
The Illinois State Rifle Association has been fighting against this ban since it’s introduction at the Illinois Statehouse. Our legislative team tried to warn lawmakers about the unconstitutionality of Pritzker’s scheme. After the Governor put his signature on this affront to citizen’s rights, the ISRA partnered with the Second Amendment Foundation to file suit in Federal Court with a promise to see this through to the US Supreme Court if necessary. Today’s ruling affirms our legislative position and shows our dedication to fighting on behalf of the millions of law-abiding Illinois firearms owners.
Barring any further court action, the ISRA looks forward to restoration of 2nd Amendment rights to Illinois firearms owners just in time for the holidays and winter hunting seasons.
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