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Update on Illinois assault weapons ban: Federal judge strikes down gun law; the state appeals
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Update on Illinois assault weapons ban: Federal judge strikes down gun law; the state appeals

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 was stayed for 30 days, and Illinois Attorney General Kwame Raoul filed an appeal late Friday.

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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.

Dan Eldridge is one of the plaintiffs.

“Don’t penalize law-abiding people who legally possess something for legal purposes just because of the nuisance acts of depraved individuals,” Eldridge said.

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.

Governor JB Pritzker issued a statement saying he expected the attorney general to file “an immediate appeal” and that the law would 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.”

Raoul’s call sets the stage for this legal battle.

“It becomes definitively final when the Supreme Court either takes the case, hears it and rules one way or the other, or if the Supreme Court declines to take the case at all, in which case the appeals court ruling will stand,” ABC7’s chief legal analyst told Gil Soffer.

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.

ABC7 Chicago contributed to this report.