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US judge overturns Illinois ban on semi-automatic weapons
SPRINGFIELD, Ill. (AP) A federal judge on Friday struck down Illinois' ban on semi-automatic weapons, relying on recent U.S. Supreme Court rulings that strictly interpret the Second Amendment right to own and carry firearms.
U.S. District Judge Stephen P. McGlynn of the Southern District of Illinois issued a permanent injunction that he said applies universally, not just to plaintiffs. However, he decided that the injunction would only take effect for 30 days.
Illinois Attorney General Kwame Raoul responded quickly, filing a notice of appeal Friday evening.
The Illinois Protecting Communities Act, signed into law in January 2023 by Democratic Governor JB Pritzker, took effect on January 1. It bans AR-15 rifles and similar weapons, high-capacity magazines and an assortment of accessories, largely in response to the 2022 law. Independence Day shooting at suburban parade from Chicago, to Highland Park.
The opinion draws heavily on recent landmark Supreme Court decisions expanding the definition of Second Amendment guarantees.
Unfortunately, some seek to usher in a kind of post-Constitution era where the individual rights of citizens are as important as they are convenient to the ruling class, McGlynn wrote in his opinion. The oft-quoted phrase that no right is absolute does not mean that fundamental rights subsist precariously, subject to the whims, caprices, or appetites of government officials or judges.
Pritzker said he remained confident that the law's supporters would prevail. Fellow Democrat Raoul filed a notice of appeal with the United States Court of Appeals for the Seventh Circuit, seeking reversal of the lower courts' order and a permanent injunction.
Despite those who value weapons of war over public safety, this law was passed and protected Illinois residents from the constant fear of being shot in places where they should feel safe. security, said Pritzker spokesman Alex Gough. The governor is confident that the constitutionality of the Protect Illinois Communities Act will be upheld on appeal.
The law, authored by Democrats who hold the supermajority in the General Assembly, came six months after a lone gunman perched atop a building fired at the Highland Park parade with a similar weapon to an AR-15, killing seven people and injuring more than three dozen. .
The measure was met with immediate scorn, not only in the form of lawsuits from gun owners and advocates, but also from many county sheriffs who said they refused to enforce what they considered to be an unconstitutional law.
McGlynn, who was appointed to his position in the Southern District of Illinois by President Donald Trump during his first term, drew heavily on U.S. Supreme Court rulings from the past 15 years that have solidified and more recently expanded the interpretation of Second Amendment guarantees.
He rejected state officials' argument that the Illinois Community Protection Act had withstood constitutional testing because it addresses a new phenomenon of mass killings and new weapons technologies semi-automatic.
While mass shootings and gun-related deaths are universally tragic and senseless, the government has failed to prove that the history and tradition of gun regulation supports PICA's sweeping sweep , covering hundreds of models of weapons, magazines and accessories used by dozens of people. millions of law-abiding American citizens, McGlynn wrote.
Erich Pratt, senior vice president of Gun Owners of America, which represented one of the plaintiffs in the case, said of Pritzker and the Illinois lawmakers: “We warned them to fall in line, but they chose to do the opposite.
Although this case has taken time, we are thrilled for this victory and for the citizens of Illinois, Pratt said. We the people deserve the right to decide how best to protect ourselves and our loved ones, not anti-gun tyrants.
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