A federal judge has overturned the Illinois assault weapons ban and issued a permanent injunction on Friday, ordering the state to permanently cease enforcing the ban.
United States District Judge Stephen P. McGlynn has declared the Protect Illinois Communities Act as unconstitutional according to the Second Amendment. In a comprehensive 168-page opinion document, Judge McGlynn provided detailed explanations for his decision. Additionally, he ruled that the injunction would not be implemented for 30 days following the verdict.
In January 2023, Governor JB Pritzker signed PICA into law, which effectively banned the manufacturing, sale, purchase, and possession of AK rifles and similar weapons in Illinois.
According to McGlynn, the government has failed to demonstrate that the extensive reach of PICA, which encompasses numerous firearm models, magazines, and attachments used by law-abiding citizens, is justified by the history and tradition of firearm regulations.
While acknowledging the universal tragedy and senselessness of mass shootings and firearm-related deaths, McGlynn argues that the government’s burden of proof has not been met.
Illinois Attorney General Kwame Raoul promptly took action in response to the judge’s ruling by filing a notice of appeal in the evening.
Andrew Hill, deputy press secretary of the Office of the Illinois Attorney General Kwame Raoul, expressed his disappointment over the decision. He stated, “Although this decision is disappointing, the Protect Illinois Communities Act remains in effect for now.”
Hill emphasized the significance of the law in ensuring the safety of communities from gun violence. He further mentioned that they will persist in defending the constitutionality of the law and have already appealed the court’s decision.
PICA was enacted as a result of the tragic mass shooting that took place at Highland Park’s Independence Day parade in 2022. During the incident, a gunman indiscriminately fired upon a gathering of onlookers, resulting in the deaths of seven individuals and causing injuries to at least 30 others.
Ibrahim Zeeshan, a member of the Illini Democrats, expressed concern that the recent ruling may lead to the reintroduction of weapons of war onto the streets, potentially resulting in more tragic incidents. He emphasized that many mass shootings in the country can be attributed to assault weapons such as the AR-15.
PICA has faced criticism from county sheriffs, some of whom opt not to enforce the ban. The case was taken to the Supreme Court, but in July 2024, the Court declined to review it and referred it back to the lower courts for additional evaluation.
“I fully support the Second Amendment, but I also believe in prioritizing public safety,” expressed Eann Tang, a senior in LAS and the president of the University’s Turning Point USA chapter. “In my opinion, the primary concern lies with illegally obtained guns rather than the ones acquired legally by law-abiding citizens. I firmly believe that we should focus more on combating crime and gun violence associated with gangs.”
Appointed in 2020 by former President Donald Trump to the Southern District of Illinois, McGlynn based his ruling on 15 years of court proceedings. He firmly dismissed the idea that technological advancements and mass killings should change the way the Second Amendment is interpreted, even in light of the changes in modern society.
Zeeshan predicts that there will be an increase in the appointment of Trump judges and subsequent rulings. He holds the belief that many of the promises made by Trump may not materialize, but the appointment and approval of judges through a Republican Senate is something that can be achieved. Zeeshan sees this as one of the few negative consequences that may arise from the next Trump presidency.
Tang and others believe that it’s important to address the wider consequences of political polarization, even as worries persist about the appointment of future judges.
“It’s great that we’re having this conversation because political polarization has become so frightening, and it’s important to acknowledge that these issues are interconnected,” Tang expressed. “If we can focus more on discussing policies and practical solutions, I believe it will be a positive step forward.”
