A judge in the U.S. District Court for the Southern District of Illinois has temporarily blocked the state from enforcing its ban on so-called assault weapons and high-capacity magazines.
Judge Stephen P. McGlynn ruled that the Protect Illinois Communities Act (PICA) would cause irreparable harm to the plaintiffs while providing no reasonable legal remedy.
“Plaintiffs have satisfied their burden for a preliminary injunction. They have shown irreparable harm with no adequate remedy at law, a reasonable likelihood of success on the merits, that the public interest is in favor of the relief, and the balance of harm weighs in their favor,” McGlynn wrote.
In his ruling, McGlynn pointed out that the injunction was only temporary as the court considers the lawsuit.
“We plan to file an appeal and remain committed to defending the constitutionality of the Protect Illinois Communities Act,” Jamey Dunn-Thomason, press secretary for Illinois Attorney General Kwame Raoul, told The Epoch Times in an email after the decision.
The case, Harrel v. Raoul, was filed by the Second Amendment Foundation, the Illinois State Rifle Association, Firearms Policy Coalition, Marengo Guns, the C4 Gun Store, and Dane Harrel.
Gun rights advocates hailed the decision as a victory while acknowledging that their fight is not over.
“While this may only be the end of ‘Round One’,” Second Amendment Foundation founder Alan M. Gottlieb wrote in a press release, “it’s certainly a good start in putting an end to a law we are convinced is entirely unconstitutional.”
The Protect Illinois Communities Act was sponsored by state Rep. Bob Morgan (D-58th District) and was signed into law by Gov. J.B. Pritzker in January 2023. The law bans so-called assault weapons and magazines with more than 10 rounds of ammunition.
The bill would also establish an anti-gun trafficking strike force in the Illinois state police and allow those who currently own banned weapons to keep them if they register them with the state and pay a fee.
The law increases the age to obtain a Firearm Owner Identification card to 21. Before the law, people younger than 21 could receive a card if a parent or guardian signed for them. The law makes exceptions for persons under 21 serving in the U.S. military or Illinois National Guard. It would also permit guardian-supervised hunting or shooting sports.
It has been tied up in the courts since Pritzker signed it.
“There is no question that Plaintiffs are harmed by PICA,” McGlynn wrote in his 29-page ruling, “and will continue to be harmed if this Court denies the motion for preliminary injunction. A constitutional right is at stake. Some Plaintiffs cannot purchase their firearm of choice, nor can they exercise their right to self-defense in the manner they choose. The State’s limitations bind them.”
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