Illinois Assault Weapons Ban Violates 2nd Amendment, Federal Judge Rules; Appeal Expected

EAST ST. LOUIS, IL — A federal judge on Friday struck down Illinois' assault weapons ban, ruling that the statewide ban on certain semiautomatic weapons and high-capacity magazines violates the Second and 14th Amendments of the U.S. Constitution. The judge also issued a stay on his order for 30 days, allowing the state time to file an appeal.

U.S. District Judge Stephen McGlynn of the Southern District of Illinois sided with the gun rights advocates and firearm retailers who argued that the Protect Illinois Communities Act, or PICA, unlawfully restricts residents’ rights to own and possess certain firearms commonly used for self-defense.

Passed in the wake of the Highland Park parade shooting and signed into law by Gov. J.B. Pritzker in January 2023, the act criminalizes the sale, distribution and possession of more than 170 types of firearms and limits magazines to 10 rounds for long guns and 15 for handguns.

"The stated impetus for imposing these sweeping gun restrictions was a tragic incident where a young person armed with a semiautomatic rifle opened fire on a crowd gathered for an Independence Day parade. The goal was to impede violent criminals from deploying semiautomatic firearms and ammunition magazines designated as 'high capacity,'" McGlynn said, in a 168-page opinion that began with a poetic introduction and a 19th-century German illustration.

In September, McGlynn presided over a week-long bench trial, and the opinion he issued Friday serves as its verdict. It is the second time the judge has ruled against the gun ban. In April 2023, he issued a preliminary injunction against the PICA, but an appellate judge almost immediate placed a stay on it.

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"While the Court is sympathetic to those who have lost loved ones to gun violence, such tragedies are not an excuse to restrict the rights guaranteed to the Illinois public by the Second Amendment to the United States Constitution," McGlynn said.

The judge’s analysis emphasized the recent U.S. Supreme Court decisions in New York State Rifle & Pistol Association v. Bruen and District of Columbia v. Heller, both of which strengthened the interpretation of the Second Amendment’s protections for individual gun ownership.

Attorney General Kwame Raoul’s office, which defended the state law, argued that weapons restricted by the ban are similar to military-grade firearms and that regulating them aligns with historic precedents for public safety.

McGlynn's opinion cited the East St. Louis Race Riot of 1917 to highlight the dangers of disarming the law-abiding citizenry. The judge outlined various situations where civilians — inside and outside the home — might need to repel attackers, suggesting that the ease of use, accuracy, and magazine capacity in firearms are critical for civilian self-defense.

"What is particularly disturbing is 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,” McGlynn said.

"Therefore, the Court must take action as justice demands. PICA is an unconstitutional affront to the Second Amendment and must be enjoined," he said. "The Government may not deprive law-abiding citizens of their guaranteed right to self-defense as a means of offense."

The office of Illinois Gov. JB Pritzker issued a statement pledging to appeal and expressing confidence that the law would be upheld eventually.

"The Protect Illinois Communities Act was the result of hundreds of hours of deliberation between legal experts, legislators, and advocates, and it makes Illinois a safer place for everyone," it said. "Despite those who value weapons of war more than public safety, this law was enacted to and has protected Illinoisans from the constant fear of being gunned down in places where they ought to feel secure."

Read Full Opinion: U.S. District Court Judge Stephen McGlynn's Finding of Fact and Conclusions of Law issued Nov. 8