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Update on Illinois assault weapons ban: Federal judge strikes down gun law, ushering in possible appeal
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Update on Illinois assault weapons ban: Federal judge strikes down gun law, ushering in possible appeal

CHICAGO — A federal judge in East St. Louis on Friday struck down Illinois’ assault weapons ban on the grounds that it violates the Second and 14th Amendments to the US Constitution and issued an injunction barring the state from enforcing them.

However, that order has been suspended for 30 days, giving the state time to file an appeal before it takes effect.

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In a 168-page opinion issued Friday afternoon, Judge Stephen McGlynn sided with plaintiffs in the case who argued that assault weapons prohibited by law are routinely used for legitimate purposes, such as self-defense.

“What is particularly troubling is that bans on guns that are commonly owned and used by citizens are now outlawed, depriving citizens of a primary means of defending themselves and their property in situations where a gun or a rifle would not be the citizen’s preferred arm. McGlynn wrote.

In March, before the case went to trial, McGlynn issued a preliminary injunction blocking enforcement, saying the plaintiffs challenging the law would likely prevail on the merits.

But the 7th Circuit Court of Appeals overturned that decision, again in July The US Supreme refused to review it — along with several other cases challenging the law — and sent all cases back to the district courts for full proceedings.

The case before McGlynn was the subject of a week-long trial in September. Two other cases, each with multiple sets of plaintiffs, are pending before the Northern District of Illinois judges in Chicago.

Meanwhile, a three-judge panel of the 7th Circuit is scheduled to hear oral arguments Tuesday, Nov. 12, in a case challenging Cook County’s local assault weapons ban.

Illinois Attorney General Kwame Raoul did not immediately comment on McGlynn’s ruling. Gov. JB Pritzker issued a statement saying he expects the attorney general to file “an immediate appeal” and that the law will be “upheld through this process.”

“The Illinois Community Protection Act was the result of hundreds of hours of deliberation among legal experts, legislators and advocates, and it makes Illinois a safer place for everyone,” Pritzker said in a statement. “Despite those who value weapons of war more than public safety, this law was passed and has protected Illinoisans from the constant fear of being shot in places where they should feel safe.”

Capitol News Illinois is a non-profit, non-partisan news service that distributes government coverage to hundreds of news outlets across the state. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.