A Federal judge in East St. Louis blocked the Illinois assault weapon ban from being enforced until a lawsuit brought to challenge the assault weapons law is resolved
Illinois Governor J.B. Pritzker signed the state's new assault weapons ban into law at the state Capitol in Springfield in January, 2023. The ban prohibits the sale, possession, or transfer of certain weapons, including AR-15s and AK-47s, as well as magazines that hold more than ten rounds of ammunition.
The governor was serious about getting the ban finalized and he signed the bill into law only hours after it passed the legislature during a meeting held on the last day of the General Assembly’s session. This occurred six months after the July 4th mass shooting at the Highland Park Independence Day parade, which was the immediate impetus for the ban.
However practically from the time it was passed, the assault weapons ban was criticized and repeatedly brought into court. When first passed, more than two dozen sheriffs stated they would not enforce the Illinois ban on assault weapons.
Yesterday, a federal judge in southern Illinois issued an injunction blocking enforcement of the ban on many higher-powered firearms and large-capacity ammunition magazines. The judge, Stephen McGlynn, temporarily blocked the law, which was set to take effect immediately, citing the Second Amendment's protection of the right to bear arms.
The state's attorney general, Kwame Raoul, has indicated that he plans to appeal the ruling. In a statement, Raoul said, "The state of Illinois passed this law to protect our communities from gun violence. We believe this law is constitutional and will work to defend it".
In addition to this ruling, on January 20, 2023, an Effingham County judge, John Woodcock, granted a temporary restraining order blocking the enforcement of the newly passed Illinois assault weapons ban. The restraining order was issued to "put a pause" on the law, effectively stopping its enforcement.
Judge Woodcock granted the temporary restraining order, stating that the plaintiffs had shown a "clear and present danger" to their constitutional rights and that they were likely to succeed in their lawsuit against the ban. The ruling allowed some people and entities to temporarily hold onto their assault-style weapons. The temporary restraining order came after a lawsuit was filed by gun owners and gun groups, arguing that the law was unconstitutional.
Just a few days later, on January 23, 2023, the day the ban was to take effect, a White County judge issued a temporary restraining order against Illinois' assault weapons ban for more than 800 plaintiffs named in a lawsuit. The restraining order prevented the state from enforcing the ban on these plaintiffs until a hearing was held on February 9, 2023.
The rulings haven't all been in favor of granting TRO's to prevent the ban from being enforced. In February 2023 a federal judge in Chicago denied a temporary restraining order (TRO) against the Illinois assault weapons ban, which was sought by a Naperville gun store owner and other plaintiffs. U.S. District Judge Virginia Kendall ruled that the Illinois and Naperville bans on selling assault weapons are "constitutionally sound" and denied the motion seeking a TRO and preliminary injunction to block the bans.
The plaintiffs argued that the bans violated their Second Amendment rights and would harm their businesses. However, Judge Kendall disagreed, stating that the bans are "reasonably tailored to serve the significant government interest of public safety".
The plaintiffs asked the 7th U.S. Circuit Court of Appeals for an injunction while they appeal the ruling by Judge Kendall, but their request was denied.
This is not the first time that Illinois has attempted to ban assault weapons. Cook County officials enacted a similar ban in 2006, which has been upheld by trial courts and the U.S. Court of Appeals in Chicago. However, the state ban faces legal challenges from gun rights advocates who argue that it violates the Second Amendment.
The debate over assault weapons bans is a contentious issue in the United States, with proponents arguing that they are necessary to curb gun violence and opponents contending that they infringe on the constitutional right to bear arms. The Illinois ban will remain blocked until further legal action is taken. The TRO issued yesterday is just one of several legal challenges that remain in the courts aiming to reverse the state's ban.
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