US judge tosses Illinois' ban on semiautomatic weapons, governor pledges swift appeal
US judge tosses Illinois' ban on semiautomatic weapons, governor pledges swift appeal
A federal judge has overturned Illinois’ ban on semiautomatic weapons, leaning on recent U.S. Supreme Court rulings that strictly interpret the Second Amendment right to keep and bear firearms.
Summary
A federal judge in Illinois ruled the state’s ban on semiautomatic weapons unconstitutional, citing recent U.S. Supreme Court decisions that reinforce Second Amendment rights.
Judge Stephen McGlynn issued a permanent injunction against the Protect Illinois Communities Act, which bans AR-15-style rifles and high-capacity magazines, but delayed its enforcement for 30 days to allow for appeal.
The law, enacted after a 2022 mass shooting in Highland Park, faced opposition from gun rights advocates and some local sheriffs.
Illinois Attorney General Kwame Raoul promptly appealed the ruling, with Gov. J.B. Pritzker expressing confidence the ban will ultimately be upheld.
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It's not unconstitutional because it doesn't infringe on your ability to bear arms. Specific types of guns are already banned on a federal level and have been for almost 100 years now.
Banning arms in common use is unconstitutional. Like it or not, these arms are in common use.
It's not a ban on ownership, it's a registration requirement and a ban on selling. There's no second amendment right to sell specific guns.
It’s not a ban on ownership
According to the AP, it is most certainly a ban on ownership. "Illinois banned the sale or possession of semiautomatic weapons". This is the core reason the law was overturned, it's unconstitutional to ban arms in common use.
It also says this in the article you linked:
Those who already own such guns will have to register them, including serial numbers, with the Illinois State Police.
So it would apply to new purchases, but not those already owned. I'm disappointed in AP's reporting on this, different parts of the article seem to contradict one another on what the law actuality does.
That's not correct, you have to register any on the list with the state police. The time period for that requirement has lapsed and many people thought they wouldn't have to do it as they believed the law was unconstitutional so they didn't do it. Standard semi auto guns are still legal to purchase and own without registration.
If they are banned, then they won't be in common use, so it would be constitutional.
If you think my logic is flawed then you understand exactly why the supreme Court's ruling is flawed.