Federal judge rules Illinois assault weapons ban is unconstitutional

A federal judge has ruled Illinois' assault weapons ban is unconstitutional, according to a decision released Friday.

The ruling by an East St. Louis judge concluded the ban, known as the Protecting Illinois Communities Act, violates both the second and 14th amendments in the U.S. Constitution.

U.S. District Judge Stephen P. McGlynn, of the Southern District of Illinois, issued a permanent injunction he said applies universally, not just to the lawsuit’s plaintiffs. He decided, however, that the injunction would not take effect for 30 days.

McGlynn was appointed to his position by President-elect Trump during his first term in September 2020.

Illinois Attorney General Kwame Raoul responded speedily, filing a notice of appeal Friday evening.

"The Court holds that the provisions of PICA criminalizing the knowing possession of specific semiautomatic rifles, shotguns, magazines, and attachments are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment," the ruling states, noting that Illinois will no longer be able to enforce criminal penalties associated with the act, effective immediately.

Gov. Pritzker's office released a statement regarding the ruling Friday evening.

"The Protect Illinois Communities Act was the result of hundreds of hours of deliberation between legal experts, legislators, and advocates, and it makes Illinois a safer place for everyone. Despite those who value weapons of war more than public safety, this law was enacted to and has protected Illinoisans from the constant fear of being gunned down in places where they ought to feel secure," a spokesperson for Pritzker's office said in a statement. "We look forward to the Attorney General filing an immediate appeal and the Governor is confident the constitutionality of the Protect Illinois Communities Act will be upheld through this process."

The ruling comes just months after the U.S. Supreme Court decided not to take up a challenge to the ban, allowing the 18-month-old Protecting Illinois Communities Act to stand.

The act bans the sale of assault weapons and high-capacity magazines like those used in the July 4 attack two years ago that killed seven people and injured dozens more in suburban Highland Park.

“This was Illinois' response getting rid of the weapon that caused the greatest amount of destruction, and here we are back exactly where we started with no change,” Dr. Eliot Lieberman, a survivor of the 2022 Highland Park parade shooting, said.

Lieberman argues the weapons are not necessary to own in wake of numerous mass shootings across the U.S. over the past decade.

“It’s not necessary for home protection, it’s not necessary for hunting, unless you’re looking to shred the existence of the person facing you,” Lieberman said.

Challenges to the Illinois ban have been working their way through the federal appeals process. Two additional cases are in the Northern District of Illinois.