Federal judge strikes down Illinois assault weapons ban

A federal judge in Illinois who was appointed during Donald Trump’s first presidency has struck down the state’s assault weapons ban as unconstitutional.

Judge Stephen McGlynn also issued an order barring the state from enforcing the ban, though Illinois has time to appeal the ruling after he stayed it for 30 days.

McGlynn’s opinion suggested that property crimes were rising across the country as a result of assault weapon bans, despite no data to suggest a link between the two. He purports that the ban violates the constitutional rights to bear arms and equal protection under the law.

The 168-page opinion states that it is “particularly disturbing” 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” and refers to situations where “a handgun or shotgun alone would not be the citizen’s preferred arm”.

McGlynn sided with the plaintiffs who argued that the assault-style weapons banned under the law are commonly used for legal purposes such as self-defense. The case resulted in a week-long trial in September.

“The court must take action as justice demands,” McGlynn wrote. He added that the Protect Illinois Communities Act, or Pica, “is an unconstitutional affront … and must be enjoined. The government may not deprive law-abiding citizens of their guaranteed right to self-defense as a means of offense.”

In March, McGlynn issued a preliminary injunction blocking enforcement of the law, predicting that the plaintiffs challenging the law were likely to prevail based on the merits of the case.

The US seventh circuit court of appeals reversed that decision, however. And in July, the US supreme court declined to review it, alongside several other similar cases. All the cases were subsequently sent back to district courts for full proceedings.

McGlynn has been a federal judge since the first Trump White House managed to appoint him to that role. Trump won a second presidency on Tuesday after defeating Kamala Harris.

Illinois enacted Pica in 2023 after a shooter with a high-powered rifle killed seven people at the 2022 Independence Day parade in Highland Park. It banned firearms classified as assault weapons, as well as 15-round handgun magazines and 10-round long-gun magazines.