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Federal judge grants injunction against Illinois "assault weapons" and magazine ban

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Elderberry:
Bearing Arms By Cam Edwards 4/28/2023

Gun owners and Second Amendment advocates won a huge victory on Friday with U.S. District Judge Stephen McGlynn’s order granting a preliminary injunction against the enforcement of Illinois’ ban on so-called assault weapons and large capacity magazines. McGlynn delivered a strong rebuke to the architects of the ban in his ruling, noting the Highland Park Independence Day was the impetus for the ban and wondering whether the “senseless crimes of a relative few be so despicable to justify the infringement of the constitutional rights of law-abiding individuals in hopes that such crimes will then abate or, at least, not be as horrific?”

The answer, according to McGlynn, is “likely no“; reason enough to grant an injunction and halt enforcement of the law’s provisions.

    The Supreme Court in Bruen and Heller held that citizens have a constitutional right to own and possess firearms and may use them for self-defense. PICA seems to be written in spite of the clear directives in Bruen and Heller, not in conformity with them. Whether well-intentioned, brilliant, or arrogant, no state may enact a law that denies its citizens rights that the Constitution guarantees them. Even legislation that may enjoy the support of a majority of its citizens must fail if it violates the constitutional rights of fellow citizens.

McGlynn is well aware that two other district judges in Illinois have recently declined to issue injunctions, ruling instead that the new bans are most likely constitutional under the theory that AR-15s and other semi-automatic rifles are “unusually dangerous” and that the bans are a response to an “unprecedented change” in society; namely acts of mass shootings. The Seventh Circuit is the next stop for the state’s gun ban, and McGlynn provided the appellate court judges with a well-reasoned and thoughtful argument in favor of the injunction, starting with the state’s argument that “non-essential accessories” like magazines that can hold more than 15 rounds fall outside the scope of the Second Amendment.

    PICA outlaws possession of a “semiautomatic pistol” with a detachable magazine if it is equipped with any of the following: “a threaded barrel,” “a shroud attached to the barrel or that partially or completely encircles the barrel,” “a flash suppressor,” or “arm brace.” PICA further outlaws possession of a magazine for a handgun capable of holding more than 15 rounds of ammunition and of “[a] semiautomatic pistol that has a fixed magazine with the capacity to accept more than 15 rounds.” Defendants contend that such items are not necessary to the functioning of a firearm and are thus not “arms” and therefore not protected by the Second Amendment.

    Defendants’ argument is not persuasive. The Seventh Circuit has recognized the Second Amendment as extending to “corollar[ies] to the meaningful exercise of the core right to possess firearms for self-defense.” It is hard to imagine something more closely correlated to the right to use a firearm in self-defense than the ability to effectively load ammunition into the firearm. The Third Circuit recognized the importance of this corollary and held that “a magazine is an arm under the Second Amendment.”

As does McGlynn. But what about those “unusually dangerous” guns banned by PICA? Again, McGlynn says they’re covered by the Second Amendment.

More: https://bearingarms.com/camedwards/2023/04/28/federal-judge-grants-injunction-against-illinois-assault-weapons-and-magazine-ban-n69989

mountaineer:
Court's order may be viewed here: https://storage.courtlistener.com/recap/gov.uscourts.ilsd.94369/gov.uscourts.ilsd.94369.43.0.pdf

Twitter thread:
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https://twitter.com/mkolken/status/1653028342763855873

GtHawk:
I read an article today that said Illinois successfully four separate suits against the ban combined into one arguing it would save the state money, more likely hoping they would win all four at the same time....instead they got a big slap down.

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