Enforcement of an Illinois law that bans certain semiautomatic guns and high-capacity magazines is on hold after a Trump-appointed federal judge, Stephen Patrick McGlynn, issued an injunction, declaring that the court “must be mindful of the rights guaranteed by the Constitution.”
The ban, signed by Illinois Gov. J.B. Pritzker in January, includes penalties for individuals who, “Carries or possesses… Manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle.” It also requires those who legally possess such firearms to register them with the state police.
The law also includes statutory penalties for people who “sell, manufactures, deliver, imports, possesses, or purchases any assault weapon attachment or .50 caliber cartridge.”
Any kits or tools that could increase the fire rate of semiautomatic weapons are also banned.
“Governor Pritzker and his anti-gun cabal in the legislature thought they could steamroll the Second Amendment, and this ruling makes clear that they abused their authority and infringed on their citizens’ rights. We look forward to continuing this fight,” Gun Owners of America Senior Vice President Erich Pratt said.
McGlynn wrote in his ruling that he isn’t attempting to “minimize the damage caused when a firearm is used for an unlawful purpose,” but said the law in question limited the Second Amendment right of people in Illinois.
“[Protect Illinois Communities Act] did not just regulate the rights of the people to defend themselves; it restricted that right, and in some cases, completely obliterated that right by criminalizing the purchase and the sale of more than 190 ‘arms,'” McGlynn wrote.
The ruling from former President Trump appointed judge McGlynn came shortly after United States District Court for the Northern District of Illinois judge Lindsay Jenkins, appointed by President Biden, declined to block the law’s enforcement.
Judge McGlynn criticized some of the gun control laws in question, stating they “seem to be written in spite of the clear directives in Bruen and Heller, not in conformity with them.”
Indeed, liberal judges have been chipping away at the Heller decision for years. That decision reaffirmed in no uncertain language that the Second Amendment guarantees an individual right “to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.”
On behalf of the GOA board, the executive director Sam Paredes wrote, “We are excited about this ruling and thrilled to see such strong commentary from Judge McGlynn. Especially as GOF celebrates its 40th anniversary today, what a great present for us and the American people. We will continue to hammer the point home to anyone who hopes to infringe on our rights — fall in line, or we will make you.”
The victory may be shortlived. The United States District Court for the Southern District of Illinois features two judges nominated by Trump, two by Obama, and one by George W. Bush.
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