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An Illinois federal judge has struck down the state’s “assault weapon” and magazine bans. Illinois of course is appealing

FPC WIN: In a 168-page opinion, an Illinois federal judge has struck down the state‘s “assault weapon” and magazine bans. The judge stayed the decision for 30 days to give the state time to appeal: Firearms Policy

  • Ruling Issued: On November 11, 2024, U.S. District Judge Stephen McGlynn declared Illinois’ gun ban unconstitutional.
  • Law Background: The ban, enacted nearly two years prior, prohibited certain high-powered firearms and high-capacity magazines following the 2022 Highland Park mass shooting.
  • Immediate Appeal: Illinois Attorney General Kwame Raoul promptly appealed McGlynn’s decision.
  • Judge’s Reasoning: McGlynn referenced U.S. Supreme Court rulings, stating the ban infringes on citizens’ rights to possess “weapons that are in common use” for self-defense.
  • Sympathy for Victims: While acknowledging the tragedies of gun violence, McGlynn emphasized that such events don’t justify restricting Second Amendment rights.
  • State’s Position: Raoul’s office expressed disappointment, asserting the law is vital for community safety.
  • Governor’s Confidence: Governor JB Pritzker, who signed the law, remains confident it will be upheld, highlighting the extensive deliberation involved in its creation.
  • Legislative Support: State Rep. Bob Morgan, present during the 2022 shooting, anticipated the ruling and believes the 7th Circuit Court of Appeals will uphold the law.
  • Plaintiffs’ Reaction: David Sigale, representing the Illinois State Rifle Association, praised the decision, emphasizing the protection of Second Amendment rights.
  • Trial Details: The ruling followed a four-day trial in McGlynn’s court.
  • Law’s Provisions: The ban targeted the sale and distribution of specific semi-automatic firearms and magazines exceeding certain capacities.
  • Legal Precedents: McGlynn’s decision aligns with prior Supreme Court interpretations of the Second Amendment.
  • Public Debate: The ruling has intensified discussions on balancing gun control measures with constitutional rights.
  • Next Steps: The case now moves to the 7th Circuit Court of Appeals for further consideration.
  • Potential Implications: The outcome could influence future legislation and legal challenges related to gun control across the U.S.

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  • GOF and @GunOwners won a PERMANENT INJUNCTION against Illinois‘ so-called “assault weapons” ban and magazine capacity limits. The ruling is stayed for 30 days.
  • The Illinois Assault Weapons ban has been overturned! The villainous Illinois Empire has already appealed to the seventh circuit. The tyrannical Emperor Easterbrook is already licking his lips anticipating the gun control measures he can exert on the free people of the state. We The People of Illinois will continue doing whatever we want and ignore the assault on our inalienable rights guaranteed by the Constitution of the United States of America.
  • Easterbrook has done immeasurable damage to gun rights but I sleep much better knowing 1) he will never be on the Supreme Court and 2) we are on the verge of SCOTUS finally setting things right on AWBs and smacking down his ridiculous opinion.
  • We did not have time to read the entire 168 pages of the recent Illinois assault weapons ban case, so we had an AI summarize the findings for us. The parts of the decision that we did read showed that the judge went out of his way to explore both the majority and the dissents in Heller, McDonald, and Bruen to ensure that the scope of the second amendment in this regard was fully evaluated. But he also recited the key parts of those three decisions and the increasingly forceful proclamations of the Supreme Court in regards to the second amendment. Given this foundation, I suspect this will be the case that the pro-gun factions will focus on as the next step in Supreme Court jurisprudence on the issue. – Gun Facts


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