The Supreme Court has declined to block a strict “assault weapons” ban in Illinois from being enforced while legal battles ensue in lower courts. No dissents were noted on the Supreme Court’s single-page order, and no explanation was offered for their decision.
The Protect Illinois Communities Act was passed in January of 2023 and bans “assault weapons,” effectively making it illegal to sell or purchase nearly all semi-automatic rifles, and even some semi-automatic pistols. The law also bans “high capacity magazines” capable of holding more than 10 rounds of ammunition. Penalties would be applied to anyone in violation of the new law 300 days after it went into effect.
The state does allow anyone who possessed a firearm newly categorized as an assault weapon to continue their ownership lawfully — but to do so, they must submit an affidavit to state police certifying prior purchase, effectively creating a registry of ownership.
Immediately after the law passed, at least 30 county sheriffs issued statements claiming that they would refuse to enforce the assault weapons ban because it violated the Second Amendment.
The 7th Circuit Court of Appeals has not yet come to a decision on the Illinois law, which has been challenged in court by several gun rights advocacy groups who argue that it is a violation of the Second Amendment. The plaintiffs in the case believe that the state law violates the precedent set by the Supreme Court last year when it ruled in favor of the New York State Rifle and Pistol Association Inc., and instructed lower courts to seek historical context by looking at firearm regulations that were present during the Constitution’s framing.
According to Fox News, Illinois’ Southern District Judge Stephen Patrick McGlynn “initially granted the injunction earlier in May;” however, “Appellate Judge Frank Easterbrook then reversed McGlynn’s ruling, a decision that has now been supported by both the 7th Circuit and the Supreme Court.”
Judge McGylnn argued that the “assault weapons” ban “completely obliterated [Second Amendment rights] by criminalizing the purchase and the sale of more than 190 ‘arms.’”
The 7th Circuit Court of Appeals is scheduled to hear arguments in the case on June 29.
