On November 8, 2024, the United States District Court for the Southern District of Illinois issued a decision holding that the Illinois “assault weapons” and “high capacity” magazine bans violate the Second and Fourteenth Amendments. These bans were part of the Protect Illinois Communities Act (“PICA”), which was enacted in response to the Highland Park shooting during a July 4th parade. The stated goal of PICA “was to impede violent criminals from deploying semiautomatic firearms and ammunition magazines designated as ‘high capacity.’” It banned semi-automatic “assault weapons,” including AR- and AK- type rifles and pistols, .50 cal. rifles, and designated shotguns. It also banned pistol magazines with a capacity of fifteen or more cartridges, and rifle magazines with a capacity of ten or more cartridges.
District Judge Stephen McGlynn issued the opinion and opened his 168-page opinion with a philosophical observation regarding the AR-15 rifle, “Often, the different perspectives are defined by whom they picture using the weapon — either a menacing criminal or a law-abiding citizen involved in a dangerous confrontation.” The court relied upon New York State Rifle & Pistol Association, Inc. v Bruen, 597 U.S. 1 (2022), as well as other recent Second Amendment opinions from the U.S. Supreme Court, and completed a detailed analysis finding that the firearms and magazines banned in PICA were protected “arms” covered by the Second Amendment. Judge McGlynn held that “law-abiding citizens choose semiautomatic AR- and AK-type rifles, semiautomatic shotguns, various machine pistols, large-capacity magazines, and assorted firearm attachments for self-defense” and “all of these weapons, magazines, and attachments are bearable, not dangerous or unusual, and are in common use.” After this finding, the court determined, “the Government has not met its burden to prove that the history and tradition of firearm regulations supports PICA’s expansive sweep,” and found the law unconstitutional.
After Judge McGlynn concluded that “PICA is an unconstitutional affront to the Second Amendment,” he eloquently stated, “sadly, there are those who seek to usher in a sort of post-Constitution era where the citizens’ individual rights are only as important as they are convenient to a ruling class.” The court stayed its decision for 30 days to allow Illinois time to file an appeal, which it did the same day the decision was issued. We anticipate the Illinois Attorney General filing a motion to stay the injunction issued by Judge McGlynn while its appeal is pending. In the meantime, PICA remains in effect.
Renzulli Law Firm will continue to monitor the implementation of this law, related litigation, and its potential impacts. If you have any questions about the law, please contact John F. Renzulli or Christopher Renzulli.