Judge rules Illinois assault weapon ban unconstitutional

EAST ST. LOUIS, Ill. (WCIA) — The Illinois ban on assault weapons has lost a major court battle.

A judge for the U.S. District Court Southern District of Illinois Stephen McGlynn has ruled Friday afternoon the state's ban on the sale of assault weapons is unconstitutional for gun owners.

"Considering all of the evidence presented, 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 reads.

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Also overturned was State Police's registration database requiring many firearm owners to submit information on their weapons and enforcing any of the penalties.

McGlynn previously issued a temporary injunction while deciding the case, but that was overturned by the 7th Circuit Court of Appeals. The U.S. Supreme Court declined to hear the temporary injunction.

As a part of the ruling, the injunction on the law will not start until after 30 days. This allows the state 30 days to file an appeal.

Governor J.B. Pritzker heavily lobbied for the law after the mass shooting at a Fourth of July parade in Highland Park, a suburb of Chicago, in 2022. A spokesperson with the governor's office told WCIA that Pritzker is working with Illinois Attorney General Kwame Raoul to appeal the ruling and is confident the law will ultimately be proven constitutional.

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"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," said Alex Gough, a spokesperson for Pritzker. "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."

The law immediately stopped the sale of these assault weapons since early 2023. The Illinois State Rifle Association celebrated Friday, as they fought against the ban since its passage.

"Today's ruling affirms our legislative position and shows our dedication to fighting on behalf of the millions of law-abiding Illinois firearms owners," said the Illinois State Rifle Association. "The ISRA looks forward to restoration of 2nd Amendment rights to Illinois firearms owners just in time for the holidays and winter hunting seasons."