Illinois

DetroitLegalBeagle

(2,168 posts) Sat Apr 29, 2023, 11:59 PM Apr 2023

Federal judge blocks Illinois assault weapons ban

https://abc7chicago.com/illinois-assault-weapons-ban-injunction-il-gun-laws-2023-weapon/13193444/]

A federal judge in East St. Louis issued an order Friday blocking enforcement of Illinois' ban on assault weapons and high-capacity magazines until a lawsuit challenging the law is resolved.

Judge Stephen P. McGlynn, of the Southern District of Illinois, said the law known as the Protect Illinois Communities Act, or PICA, is likely to be found unconstitutional when the case goes to trial and the plaintiffs in the consolidated cases will suffer harms without a preliminary injunction to block its enforcement.

"More specifically, can PICA be harmonized with the Second Amendment of the United States Constitution and with Bruen?" McGlynn asked rhetorically in the opinion. "That is the issue before this Court. The simple answer at this stage in the proceedings is 'likely no.'"

Looks like they shopped around for the right judge. Another federal judge declined to block the law a week ago.

9 replies

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Federal judge blocks Illinois assault weapons ban (Original Post) DetroitLegalBeagle Apr 2023 OP

We shall see, I suppose, depending on how the Court interprets 'Heller.' elleng Apr 2023 #1

Bruen is going to be the problem DetroitLegalBeagle Apr 2023 #4

If this assault weapons ban is unconstitutional.... ShazzieB Apr 2023 #2

Yea the Federal ban expired DetroitLegalBeagle Apr 2023 #3

McGlynn is a trump judge PSPS Apr 2023 #5

gun humping judge Skittles Apr 2023 #6

Sickening. The MAGAt virus is spreading and we all suffer. live love laugh Apr 2023 #7

Hamilton's description of militia sounds like current state guards, I read. If so, the regulating of Karadeniz Apr 2023 #8

SCOTUS would need to agree with that interpretation DetroitLegalBeagle Apr 2023 #9

elleng

(136,071 posts)

1. We shall see, I suppose, depending on how the Court interprets 'Heller.'

Reply to DetroitLegalBeagle (Original post)

Sun Apr 30, 2023, 12:07 AM

Apr 2023

https://tile.loc.gov/storage-services/service/ll/usrep/usrep554/usrep554570/usrep554570.pdf

DetroitLegalBeagle

(2,168 posts)

4. Bruen is going to be the problem

Reply to elleng (Reply #1)

Sun Apr 30, 2023, 12:28 AM

Apr 2023

That sets the review standard. And the standard is going to be hard to deal with.

ShazzieB

(18,670 posts)

2. If this assault weapons ban is unconstitutional....

Reply to DetroitLegalBeagle (Original post)

Sun Apr 30, 2023, 12:20 AM

Apr 2023

Why was the federal one never struck down in court? Didn't it just quietly expire because of a built in expiration date?

Pardon me for not googling this right now, I'm so pissed off, I can barely see to type this!

I was SO proud of Illinois for passing this ban and J.B. for signing it into law. This news makes me absolutely livid!

DetroitLegalBeagle

(2,168 posts)

3. Yea the Federal ban expired

Reply to ShazzieB (Reply #2)

Sun Apr 30, 2023, 12:27 AM

Apr 2023

Unfortunately that was nearly 20 years ago. Since then, the Heller, Mcdonald, and Bruen decisions have happened which has drastically changed the legal environment.