A federal judge has struck down Illinois’ ban on semi-automatic weapons, ruling it unconstitutional.
The Protect Illinois Communities Act, which was enacted in early 2023 following the July 4, 2022, Highland Park mass shooting, prohibited the sale and possession of certain semi-automatic firearms, attachments, and magazines.
In his decision, District Judge Stephen P. McGlynn argued that limiting citizens’ access to such weapons infringes upon fundamental rights. McGlynn stated that efforts to create a “post-Constitution era” where individual rights depend on government convenience were unacceptable, emphasizing that the Constitution’s rights must not be subjected to governmental whims.
“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,” McGlynn wrote.
McGlynn characterized it as “particularly disturbing” that a ban would be imposed on weapons that are already being used by so many Americans. He argued that such a ban deprives them of a “principal means to defend themselves and their property in situations where a handgun or shotgun alone would not be the citizen’s preferred arm.”
Gun rights organizations, including the Illinois State Rifle Association, celebrated the ruling. The group, which joined forces with the Second Amendment Foundation to challenge the law, underscored its commitment to protecting firearms rights and welcomed the court’s decision
“Our legislative team tried to warn lawmakers about the unconstitutionality of [Governor] Pritzker’s scheme,” The Illinois State Rifle Association said. “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,” the group added. “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.”
Governor J.B. Pritzker and Attorney General Kwame Raoul have indicated their intention to appeal the ruling, according to a report by CNN.
