A federal judge has recently put a temporary halt to an assault weapons ban in Illinois, stating that the plaintiffs involved in the lawsuit have a ‘reasonable likelihood’ of successfully arguing that the ban infringes on their Second Amendment rights. U.S. District Judge Stephen McGlynn, who was appointed by President Trump, issued a preliminary injunction against the state’s Protect Illinois Communities Act (PICA) on Friday. This act, signed into law by Democratic Governor J.B. Pritzker in January, aimed to prohibit the sale and distribution of assault-style weapons, high-capacity magazines, and switches that can convert handguns into assault-style guns.
This development comes on the heels of another federal judge refusing to block the law earlier in the week. While Judge McGlynn’s ruling isn’t a final verdict on the case’s merits, he found that the combination of individual plaintiffs, a gun shop, a gun range, and a firearm industry trade association satisfied the requirements for an injunction to be granted. The backdrop of this ruling is the Supreme Court’s decision last year in New York State Rifle and Pistol Association v. Bruen that invalidated a New York law mandating concealed carry permit applicants to demonstrate ‘proper cause.’ The majority held that gun control measures must align with the nation’s ‘historical tradition.’
BREAKING: Federal judge has blocked Illinois “assault weapons” ban.
— Leading Report (@LeadingReport) April 29, 2023
In his ruling, McGlynn noted that Illinois’ assault weapons ban was enacted in response to a tragic shooting at a Highland Park Fourth of July parade, which left seven dead and many more wounded. However, he argued that the ban doesn’t seem to comply with the Bruen decision. The judge questioned whether the heinous crimes committed by a small number of individuals can truly justify infringing on the constitutional rights of law-abiding citizens, possibly leading to a reduction in or less extreme atrocities. In his own words, at this point in the case proceedings, the answer is ‘likely no.’
The state government posited that PICA adheres to the historical tradition standard, as assault weapons and high-capacity magazines were not widely used when the Second Amendment and 14th Amendment were adopted into the Constitution. However, McGlynn indicated that the Supreme Court has determined that the Second Amendment’s scope encompasses all ‘bearable arms,’ even those that didn’t exist at the country’s founding.
McGlynn’s ruling expressed that the plaintiffs would experience ‘irreparable harm’ if the ban wasn’t frozen during the court proceedings; individuals would be unable to purchase the prohibited firearms, and the organizations would be deprived of profits from selling them. He acknowledged the controversial nature of the case but reiterated his ruling’s temporary status, clarifying that the state is still able to address firearm-related violence.
Conservatives may view McGlynn’s decision as a victory for Second Amendment rights and a reinforcement of the founding principles of the United States. It highlights the importance of evaluating the constitutionality of legislation, even if its intent is to prevent further tragic shootings.
In the Preliminary Injunction ruling for the Illinois so-called "Assault Weapons" Ban and standard capacity magazine ban, U.S. District Judge Stephen P. McGlynn says arm braces are protected under the Second Amendment!
This IL ruling will set precedent in our Pistol… pic.twitter.com/QcIMJ1zxog
— Gun Owners of America (@GunOwners) April 28, 2023
The arguments surrounding the historical tradition of firearms use in America have been at the forefront of the nationwide gun control debate, especially with the prevalence of mass shootings. The judge’s citation of the Bruen decision advances the argument that constitutional rights must be weighed carefully against attempts to curb gun violence.
This ruling could also serve to reaffirm the significance of the Supreme Court’s determination that the Second Amendment applies to modern weaponry, not just arms used during the country’s founding era. Opponents of restrictive gun control measures argue that these modern firearms are a necessary means for law-abiding citizens to protect themselves and their families.
On the other hand, gun control proponents might see this injunction as a setback, as it prevents the enforcement of a law designed to reduce the accessibility of assault weapons and high-capacity magazines, which are often used in mass shootings. They argue that such legislation is critical to improving public safety and mitigating the loss of life.
Regardless of one’s stance on the issue, this case highlights the ongoing battle over the balance between upholding constitutional rights and enacting measures to counteract firearm-related violence. The court’s ultimate decision could have far-reaching implications for future gun control laws and regulations.
As McGlynn’s ruling is not a final decision, the fate of PICA remains uncertain. The judicial process will continue to unfold, with both sides presenting their arguments and the court ultimately determining whether the assault weapons ban is constitutionally permissible.
A federal judge in Southern Illinois has blocked enforcement of the state's assault weapons ban, after an appeals court earlier this month rejected a separate request for an injunction.
U.S. District Judge Stephen P. McGlynn granted an injunction prohibiting Illinois from…
— Suhr Majesty ™ (@ULTRA_MAJESTY) April 29, 2023
In the meantime, the temporary halt to the ban may have a significant impact on gun shops, gun ranges, and firearm industry trade associations in the state, as they will be able to continue selling the previously prohibited items while the case is ongoing. This development could also provide these businesses with greater confidence in their ability to challenge future legislation that they believe infringes on their rights.
The judge’s acknowledgment that the case is ‘highly contentious’ serves as an important reminder of the polarizing nature of the gun control debate in the United States. With emotions and personal investments running high on both sides, it’s a topic that continues to spark passionate discourse.
As the legal proceedings continue, the temporary halt to PICA demonstrates the complexities involved in navigating the intersection of constitutional rights, public safety, and the rule of law. The final outcome of this case may serve as a critical reference point for future gun control legislation in the United States.
In conclusion, the federal judge’s recent temporary suspension of Illinois’ assault weapons ban has implications for the ongoing debate over gun control in the United States. While the ruling does not provide conclusive answers, it highlights the overarching challenge of balancing constitutional rights with the need for public safety measures. As the case progresses, its outcome will undoubtedly shape future discussions and policy decisions pertaining to the regulation of firearms.