In a significant ruling out of East St. Louis, a federal judge struck down Illinois’ sweeping gun and magazine ban as unconstitutional, issuing an injunction against the law—but with a 30-day stay for the state to appeal.
“[The Protect Illinois Communities Act] is an unconstitutional affront to the Second Amendment and must be enjoined,” wrote Judge Stephen McGlynn in his 168-page ruling. “The Government may not deprive law-abiding citizens of their guaranteed right to self-defense as a means of offense,” he added, placing a hold on the injunction’s enforcement for 30 days.
The law in question, enacted in January 2023, bans over 170 models of semi-automatic firearms and restricts magazine capacities. The state has argued these firearms are “dangerous and unusual,” resembling military weapons too closely, but plaintiffs in the case argue that banning such commonly owned firearms tramples the Second Amendment rights of Illinois citizens.
Judge McGlynn, who consolidated four related cases in 2023, initially issued a preliminary injunction in April, but it was quickly stayed by the Seventh Circuit U.S. Court of Appeals, which upheld the ban on preliminary grounds. After hearing final arguments in September, McGlynn released his definitive ruling last week.
In his decision, McGlynn firmly rejected the argument that firearms like the AR-15 are “dangerous and unusual.” He also took issue with restrictions on magazine capacities, pointing out that such limits undermine self-defense by forcing individuals to reload at critical moments. “[T]his Court holds that these devices are also in common use and have legitimate self-defense purposes,” he noted. “For magazines, every round matters in a self-defense scenario – reloading takes away significant time during which the defender can be injured or wounded.”
In response to claims that semi-automatic rifles are akin to military-grade weapons, McGlynn made a key distinction, clarifying that “‘military use’ refers to weapons that are selected, procured, tested, and issued to military members for use in combat,” and that the banned firearms are not “military-grade” as the state asserts.
Supporters of Illinois’ gun ban contend that the law is a necessary measure for public safety, citing incidents like the tragic mass shooting in Highland Park on July 4, 2022. McGlynn acknowledged the pain of those affected by gun violence but firmly held that such incidents cannot justify limiting the rights of law-abiding citizens. “Such tragedies are not an excuse to restrict the rights guaranteed to the Illinois public by the Second Amendment,” he stated.
The judge concluded that Illinois failed to prove any historical or traditional basis for such sweeping restrictions. “The Second Amendment conclusively protects law-abiding citizens’ right to defend themselves utilizing weapons that are in common use.”
The ruling has been celebrated by Second Amendment advocates, with Alan M. Gottlieb, founder of the Second Amendment Foundation, calling it “a great victory for the Second Amendment Foundation and the right to keep and bear arms.”
With an appeal from Illinois to the Seventh Circuit U.S. Court of Appeals expected, the legal battle over Illinois’ gun restrictions is far from over.
