A federal judge in East St. Louis has ruled against Illinois’ ban on common semi-automatic rifles (AR-15 and other so-called “assault weapons”) and their standard capacity magazines, claiming it is “an unconstitutional affront to the Second Amendment and must be enjoined.” This decision of Judge Stephen P. McGlynn, appointed by President Trump in 2020, temporarily stops the state from enforcing the ban, but there’s a 30-day pause in place so the state can appeal.
McGlynn’s 168-page opinion agreed with those who argue that banned weapons are often used for lawful purposes such as self-defense and home defense. “What is particularly disturbing is that the prohibition of weapons that are commonly owned and used by citizens are now banned, depriving citizens of a principal means to defend themselves and their property in situations where a handgun or shotgun alone would not be the citizen’s preferred arm,” he wrote.
Earlier this year, Judge McGlynn had temporarily blocked the law, believing the plaintiffs challenging the law were likely to win the case. But that decision was overturned by the 7th Circuit Court of Appeals, and the Supreme Court decided not to get involved, instead sending it back to district courts for more review.
While Illinois Attorney General Kwame Raoul hasn’t commented yet, Governor JB Pritzker, who supported the legislation, expects an appeal and believes the law will ultimately stand. Pritzker emphasized that the law is crucial for safety in Illinois, despite opposition from those favoring broader gun rights.
Gun rights groups celebrated the decision, emphasizing the need for Supreme Court clarification on the issue. Meanwhile, Illinois Attorney General Kwame Raoul has filed a request for a stay with the 7th Circuit Court of Appeals.