Federal judge deems Illinois assault weapons ban unconstitutional

Zoom in: In a 168-page opinion, Judge Stephen McGlynn compared firearms used for self protection to life boats, airbags, seatbelts and storm shelters.

• The judge agreed with plaintiffs in the case, who argued the banned weapons are often used for self-defense.
• "What is particularly disturbing is that the prohibition of weapons that are commonly owned and used by citizens are now banned, depriving citizens of a principal means to defend themselves and their property in situations where a handgun or shotgun alone would not be the citizen's preferred arm," McGlynn wrote.

Where it stands: The judge stayed his ruling for 30 days, meaning it won't yet be enforced, allowing time for an appeal.

What they're saying: A spokesperson for Pritzker told Axios in an emailed statement Friday that the state will file an immediate appeal.

• "Despite those who value weapons of war more than public safety, this law was enacted to and has protected Illinoisans from the constant fear of being gunned down in places where they ought to feel secure," the spokesperson said.

Context: The legislation came after a gunman used a legally purchased assault weapon to kill seven people and injure dozens at a Fourth of July parade in Highland Park in 2022.

• The law bans the sale of dozens of assault weapons, including the AR-15 style weapon used by the Highland Park gunman.

• It also restricts high-capacity magazines, requires current owners of the prohibited weapons to register them with state police and expedites universal background checks.

Catch up quick: McGlynn had issued a preliminary injunction earlier this year, blocking enforcement of the law but the 7th Circuit Court of Appeals reversed his decision.

• The U.S. Supreme declined to review the case in July after it had already declined last December to block the ban for the second time.
• The 7th District U.S. Court of Appeals in Chicago had previously voted to uphold the law in November 2023, refusing a gun rights group's argument that it should be blocked for Second Amendment violations.
• The Illinois Supreme Court also upheld the law in August 2023.

Go deeper: Supreme Court again upholds Illinois assault weapons ban

Editor's note: This story has been updated with a statement from a Pritzker spokesperson.