Federal Judge Strikes Down Illinois Semiautomatic Weapons Ban, Prompting Immediate Appeal from State Officials

Governor Pritzker Vows to Defend Law in Higher Courts as Debate over Second Amendment Rights Intensifies

A federal judge on Friday issued a ruling that overturns Illinois’ ban on semiautomatic weapons, citing recent Supreme Court precedents that emphasize a stricter interpretation of Second Amendment rights. U.S. District Judge Stephen P. McGlynn’s decision, which blocks enforcement of the Protect Illinois Communities Act (PICA), will take effect in 30 days to allow time for appeal.

Judge McGlynn: “No Right is Absolute”

Judge McGlynn, of the Southern District of Illinois, granted a permanent injunction on the 2023 Illinois law, declaring it unconstitutional in a decision heavily rooted in recent Supreme Court rulings. In his written opinion, McGlynn expressed concern over what he called a “post-Constitution era,” suggesting that fundamental rights are increasingly vulnerable to government authority.

“The oft-quoted phrase that ‘no right is absolute’ does not mean that fundamental rights precariously subsist subject to the whims, caprice, or appetite of government officials or judges,” McGlynn wrote.

Illinois’ Swift Response and Next Steps

Illinois Attorney General Kwame Raoul quickly responded to McGlynn’s ruling by filing a notice of appeal with the U.S. Court of Appeals for the Seventh Circuit. Governor J.B. Pritzker, who signed the Protect Illinois Communities Act into law in January 2023, also pledged to defend the legislation, which bans AR-15-style rifles, large-capacity magazines, and specific firearm attachments.

“This law was enacted to protect Illinoisans from the constant fear of being gunned down in places where they ought to feel secure,” said Pritzker’s spokesperson Alex Gough, adding that the governor is confident the law’s constitutionality will ultimately be upheld.

Arguments and Rationale from Judge McGlynn

In his ruling, Judge McGlynn dismissed arguments from Illinois officials, who contended that the Protect Illinois Communities Act responds to a modern crisis of mass shootings and advances in firearm technology. The judge stated that while mass shootings are “tragic and senseless,” the state failed to demonstrate that firearm restrictions in PICA align with historical and traditional regulations in the U.S.

“While mass shootings and firearm-related deaths are universally tragic and senseless, the government has not met its burden to prove that the history and tradition of firearm regulations supports PICA’s expansive sweep,” McGlynn wrote.

Gun Rights Advocates Applaud the Ruling

Gun Owners of America (GOA), representing one of the plaintiffs in the case, praised the ruling, viewing it as a victory for gun rights and individual self-defense.

“We warned [lawmakers] to fall in line, but they chose to do the opposite,” said Erich Pratt, senior vice president of GOA. “We the people deserve the right to decide how best to protect ourselves and our loved ones, not anti-gun tyrants.”