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Federal judge strikes down Illinois assault weapons ban, prepares likely appeal – Muddy River News
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Federal judge strikes down Illinois assault weapons ban, prepares likely appeal – Muddy River News

SPRINGFIELD — A federal judge in East St. Louis on Friday struck down Illinois’ assault weapons ban on the grounds that it violates Second and 14th amendments to the U.S. Constitution and issued an order prohibiting the state from enforcing it.

That order, however, was suspended for 30 days, giving the state time to appeal before it took effect.

In a 168-page opinion released Friday afternoon, Judge Stephen McGlynn sided with the plaintiffs in the case, saying assault weapons banned by law were commonly used for legal purposes such as self-defense.

“What is particularly concerning is that the ban on weapons that are commonly owned and used by citizens is now prohibited, depriving citizens of a primary means of defending themselves and their property in situations where a handgun or shotgun alone would not be the citizen’s preferred weapon. “, wrote McGlynn.

In March, before the case went to trial, McGlynn issued a preliminary injunction blocking enforcement of the law, saying plaintiffs challenging the law would likely prevail on the merits of the case.

But the 7th Circuit Court of Appeals reversed this decision, and in July, the Supreme Court of the United States refused to review this case – as well as several other cases challenging the law – and sent all cases back to the district courts for full proceedings.

McGlynn’s case was the subject of a week-long trial in September. Two other cases, each involving multiple groups of plaintiffs, are pending before judges in the District Court for the Northern District of Illinois in Chicago.

Learn more: State concludes lawsuit challenging assault weapons ban

Meanwhile, a panel of three judges from 7th Circuit is scheduled to hear oral arguments Tuesday, Nov. 12, in a case challenging Cook County’s local assault weapons ban.

Illinois Attorney General Kwame Raoul did not immediately comment on McGlynn’s decision. Gov. JB Pritzker released a statement saying he expects the attorney general to file “an immediate appeal” and that the law will be “upheld through this process.”

“The Protect Illinois Communities Act is the result of hundreds of hours of deliberations between legal experts, legislators and advocates, and it makes Illinois a safer place for everyone,” Pritzker said in a statement . “Despite those who value weapons of war over public safety, this law was enacted and protected Illinois residents from the constant fear of being shot in places where they should feel safe.”

Gun rights groups, like the Firearms Policy Coalition, released statements celebrating the decision.

“We are pleased that the Court rightly concluded that these bans violate the constitutionally protected rights of Illinois residents and visitors. As we made clear at trial, PICA fails even under the Seventh Circuit’s flawed test that conflicts with binding Supreme Court precedent,” said FPC President Brandon Combs, noting that the group “hoped” that the U.S. Supreme Court would overturn similar bans.

Editor’s note: This story has been updated with a quote from Gov. JB Pritzker and the Firearms Policy Coalition.

Capitol News Illinois is a nonpartisan, nonprofit news service that distributes coverage of state government to hundreds of media outlets across the state. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.

This article first appeared on Capitol News Illinois and is republished here under a Creative Commons license.