Wednesday, the U.S. Supreme Court ruled to provisionally allow an Illinois ban on “assault weapons” to go into effect.
“The ruling allows the Illinois law to remain in effect while lower courts deliberate on its constitutional status. Wednesday’s ruling comes after a gun shop owner in Illinois requested an injunction against the ban. The Illinois law bans the sale and new possession of semi-automatic assault weapons. Those who already legally own such weapons would not have to turn them in. The law also bans the sale of large-capacity magazines,” Fox News reported.
“The U.S. Court of Appeals for the 7th Circuit is currently considering the case. The request for an injunction went to Justice Amy Coney Barrett,” the outlet added.
In late April, a federal judge issued a temporary injunction against the so-called “assault weapons” prohibition signed into law by Illinois Governor J.B. Pritzker in January.
According to Just the News, the law defines these firearms as “semiautomatic rifles that accept detachable magazines or can be easily modified to accept detachable magazines.” In addition, if a rifle has external features extraneous to its firing capacity, such as certain stocks, flash suppressors, or grenade launchers, it falls under the category of prohibited firearms.
According to Fox News, United States District Court for the Southern District of Illinois Judge Stephen Patrick McGlynn, a Trump appointee, stated in his ruling that the court “must be mindful of the rights guaranteed by the Constitution”
The law also contains penalties for those who “carry or possess…manufacture, sell, deliver, import, or purchase any assault weapon or.50 caliber rifle.” In addition, anyone who possessed a newly banned weapon at the time the law went into effect is required to register it with the Illinois State Police.
The law prohibits modules or accessories that increase the rate of fire of a semiautomatic firearm, and it also restricts the sale of certain magazines.
Plaintiff Gun Owners of America stated that the decision should serve as a wake-up call for Pritzker and his Democratic Party.
“Governor Pritzker and his anti-gun cabal in the legislature thought they could steam roll 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,” GOA Senior Vice President Erich Pratt said, according to Fox News.
In his ruling, the judge stated that he was not trying to “minimize the damage caused when a firearm is used for an unlawful purpose.” However, he also noted that the law itself violated the Second Amendment rights of Illinois residents.
“[Protect Illinois Communities Act] did not merely regulate the right of the people to defend themselves; it restricted that right, and in some cases, completely obliterated that right by making the purchase and sale of more than 190 ‘arms’ illegal,” McGlynn wrote in his ruling.
Judge McGlynn’s decision came shortly after President Biden’s appointee, United States District Court for the Northern District of Illinois Judge Lindsay Jenkins, refused to prevent the law’s enforcement.
“The challenged restrictions on semiautomatic weapons and large-capacity magazines … are consistent with ‘the Nation’s historical tradition of firearm regulation,’ namely the history and tradition of regulating particularly ‘dangerous’ weapons,” Jenkins noted in her ruling.
More on this story via Conservative Brief:
Biden has repeatedly vowed to re-enact a federal ban on such rifles similar to one passed during Bill Clinton’s first term. It expired a decade later during then-President George W. Bush’s tenure. CONTINUE READING…