A federal judge on Friday issued a temporary injunction blocking the so-called assault weapons ban in Illinois while litigation continues, ruling that the law infringed on the Second Amendment right of the state’s citizens.
The Protect Illinois Communities Act (PICA), which bans the sale and distribution of some semiautomatic rifles, high-capacity magazines, and switches that convert handguns into more advanced firearms, was signed into law by Democratic Governor J.B. Pritzker in January. On Friday, its implementation was suspended by U.S. District Judge Stephen McGlynn.
In addition to prohibiting the possession of semi-automatic rifles such as the AR-15, the law granted local enforcement authorities the power to add additional firearm bans in the future. The legislation also forced firearm owners of the restricted weapons to register with state police.
The judge argued that the law is potentially in conflict with two Supreme Court cases, demonstrating its unconstitutionality.
“The Supreme Court in Bruen and Heller held that citizens have a constitutional right to own and possess firearms and may use them for self-defense. PICA seems to be written in spite of the clear directives in Bruen and Heller, not in conformity with them,” McGlynn wrote in his order.
McGlynn did not make a judgement on the merits of the case but argued that the law would likely be deemed unconstitutional when it goes to trial and that the plaintiffs involved will suffer irreparable harm if its enforcement is not halted. The plaintiffs include a number of gun owners, gun stores Hoods Guns & More and Pro Gun and Indoor Range, as well as pro-gun organizations like the National Shooting Sports Foundation.
Plaintiffs Caleb Barnett and Brian Norman, the judge said, “are no longer able to purchase any firearm, attachment, device, magazine, or other item banned by PICA, while Hoods and Pro Gun are now prohibited from selling said any item banned by PICA.”
In response to McGlynn’s decision, Pritzker’s office wrote in a statement that it’s “…confident that as the case continues, this critical public safety law will ultimately be upheld as constitutional,” according to ABC7Chicago.