An Illinois judge on Friday issued a permanent injunction against the state’s so-called assault weapons ban, calling it an “unconstitutional affront to the Second Amendment.”
In a lengthy ruling, U.S. District Judge Stephen McGlynn granted the injunction sought by numerous plaintiffs — including gun store owners, gun rights advocacy groups and private individuals — who argued the Protect Illinois Communities Act, known also as PICA, is not constitutional.
“The Government may not deprive law-abiding citizens of their guaranteed right to self-defense as a means of offense,” McGlynn wrote in his 168-page ruling.
PICA, which was signed into law in 2023, banned weapons classified as assault weapons, as well as 15-round handgun magazines and 10-round long-gun magazines, after a shooter used an AR-15-style rifle to kill seven people at a Highland Park Fourth of July parade in 2022.
Since then, it has been illegal to buy or sell guns and accessories listed in the act in Illinois. Those who previously owned guns subject to the law were allowed to keep them, but were required to register with the Illinois State Police.
Read More: Which Guns Are Covered by Illinois’ Assault Weapons Ban?
In a September trial before McGlynn, attorneys for the gun rights advocates argued PICA is unconstitutional because it restricts access to weapons commonly used for lawful purposes. Lawyers with the Illinois Attorney General’s Office claimed, instead, that weapons primarily designed for use by the military are not protected under the Second Amendment.
In April 2023, McGlynn granted a temporary injunction blocking enforcement of the law while the case proceeded, saying he believed the plaintiffs were likely to win on the merits of their case — meaning the law would likely be found unconstitutional.
But the 7th Circuit Court of Appeals quickly reversed that ruling and lifted the injunction. And in a 2-1 ruling in November 2023, the court sided with two other district court judges in Chicago, holding the law likely does not infringe on the Second Amendment and allowing enforcement of the law to continue.
McGlynn in his ruling Friday cited reports that property crimes are increasing across the U.S., and said he found it “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 in situations where a handgun or shotgun alone would not be the citizen’s preferred arm.”
“Therefore,” he wrote, “the Court must take action as justice demands. PICA is an unconstitutional affront to the Second Amendment and must be enjoined.”
A spokesperson for Illinois Attorney General Kwame Raoul called the decision “disappointing,” but noted that PICA will remain in effect for the next 30 days.
“The law is an important part of the state’s comprehensive efforts to make communities safe from gun violence,” the spokesperson said in a statement to WTTW News. “We will continue to defend the law’s constitutionality, as we have in courtrooms throughout Illinois, and plan to appeal the court’s decision.”
Capitol News Illinois contributed to this report.