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Judge Strikes Down Illinois Assault Weapons Ban, Gov. Pritzker Plans to Appeal

Nov 8, 2024,07:59pm EST

A federal judge has declared Illinois’ ban on assault weapons unconstitutional, sparking a legal and political battle that highlights the ongoing national debate over gun control. The ruling comes nearly two years after a mass shooting in Highland Park spurred the creation of the ban.

 

Key Details

U.S. District Judge Stephen P. McGlynn ruled on Friday that Illinois’ ban on assault weapons and high-capacity magazines violated the Second Amendment’s right to bear arms. The Associated Press reported that McGlynn’s decision will not take immediate effect, as the order includes a 30-day delay to allow for an appeal.

 

Governor J.B. Pritzker signed the Protect Illinois Communities Act into law in January 2023, approximately six months after the Highland Park tragedy where a shooter armed with a Smith & Wesson semi-automatic rifle killed seven and injured 48 people. The law bans the sale and possession of assault weapons, high-capacity magazines, and various firearm attachments.

 

In response to the ruling, Pritzker’s office announced plans to appeal within the next 30 days, stating, “The ban was enacted to and has protected Illinoisans from the constant fear of being gunned down in places where they ought to feel secure,” according to NBC Chicago.

 

Reactions

The Illinois State Rifle Association welcomed the judge’s decision, stating on its website that it had warned lawmakers about the “unconstitutionality” of the law and labeled the ban an “affront to citizens’ rights.”

 

Related Developments

Robert Crimo III, the accused shooter responsible for the 2022 Highland Park attack, is set to go to trial early next year after rejecting a plea deal in June.

 

Context and Broader Implications

Illinois is among several states that have implemented assault weapons bans, joining California, Washington, Massachusetts, and New York in enacting similar laws. These legislative measures are part of broader efforts to curb the alarming frequency of mass shootings in the United States. According to the Gun Violence Archive, there have been 449 mass shootings in the U.S. this year alone, following a record 656 incidents in 2023.

 

The outcome of Illinois’ appeal could have significant implications for similar laws across the country, shaping future policies on gun control and the interpretation of Second Amendment rights.