Federal Judge Issues Injunction Blocking Illinois ‘Assault-Style Weapons’ Ban

A federal judge in Illinois has granted a temporary injunction blocking the enforcement of new state laws that ban “assault-style weapons” and high-capacity magazines until a pending lawsuit is resolved. Judge Stephen Patrick McGlynn of the United States District Court for the Southern District of Illinois issued the ruling on Friday afternoon, arguing that the law was likely to be found unconstitutional when the case goes to trial.

The law, known as the Protect Illinois Communities Act, or PICA, was signed by Illinois Governor J.B. Pritzker this past January. The ban includes penalties for individuals who, “Carries or possesses… Manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle.”

In addition, the law imposes statutory punishments for anyone who “sells, manufactures, delivers, imports, possesses, or purchases any assault weapon attachment or .50 caliber cartridge.”

In a 29-page ruling, McGlynn stated that the plaintiffs in the cases will suffer harms without an injunction in place. He also noted that while the law was drafted after last summer’s Highland Park mass shooting, he stated that the “senseless crimes of a relative few” does not allow Illinois to strip citizens of their Second Amendment rights.

“[Protect Illinois Communities Act] did not just regulate the rights of the people to defend themselves; it restricted that right, and in some cases, completely obliterated that right by criminalizing the purchase and the sale of more than 190 ‘arms,'” McGlynn wrote.

🚨UPDATE🚨

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

Gun Owners of America (GOA) — a plaintiff in the case — praised the ruling in a statement.

“Governor Pritzker and his anti-gun cabal in the legislature thought they could steam roll the Second Amendment, and this ruling makes clear that they abused their authority and infringed on their citizens’ rights. We look forward to continuing this fight,” GOA Senior Vice President Erich Pratt said.

Judge McGlynn — a Trump appointee — issued the ruling not long after a Biden-appointed judge declined to issue an injunction. “The challenged restrictions on semiautomatic weapons and large-capacity magazines … are consistent with ‘the Nation’s historical tradition of firearm regulation,’ namely the history and tradition of regulating particularly ‘dangerous’ weapons,” wrote United States District Court for the Northern District of Illinois judge Lindsay Jenkins, a Biden appointee.