A federal judge in Illinois has granted a temporary injunction blocking the enforcement of a gun law which bans some semiautomatic rifles as well as high-capacity magazines.
United States District Court for the Southern District of Illinois judge Stephen Patrick McGlynn issued the ruling Friday afternoon, stating that the court “must be mindful of the rights guaranteed by the Constitution.”
The ban, signed by Democratic Illinois Governor J.B. Pritzker in January, includes penalties for individuals who, “Carries or possesses… Manufactures, sells, delivers, imports, or purchases any assault weapon or .50 caliber rifle.”
Those who legally possesses a weapon under the law must register it with the Illinois State Police.
FEDERAL JUDGE DECLINES TO BLOCK ILLINOIS GUN LAW, CALLS ‘ASSAULT’ RIFLES ‘PARTICULARLY DANGEROUS’
Assault-style rifles banned for sale in the state are displayed at Freddie Bear Sports on Jan. 11, 2023, in Tinley Park, Illinois. On Friday, a federal judge in Illinois granted a temporary injunction blocking the enforcement of the gun law that bans some semiautomatic rifles as well as high-capacity magazines. (Scott Olson/Getty Images, File)
The law also includes statutory penalties for people who “sells, manufactures, delivers, imports, possesses, or purchases any assault weapon attachment or .50 caliber cartridge.”
Any kit or tools that are used to increase the fire rate of a semiautomatic weapon are also banned, and the legislation includes a limit for purchases of certain magazines.
Gun Owners of America, a plaintiff in the case, said in a statement that the ruling should send a message to Pritzker.
“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.
ILLINOIS ASSAULT WEAPONS BAN STILL IN EFFECT AFTER APPEALS COURT DENIES INJUNCTION
High capacity rifle magazines are removed from display at Freddie Bear Sports, Jan. 11, 2023 in Tinley Park, Ill. On Friday, a federal judge in Illinois granted a temporary injunction blocking the enforcement of the gun law that bans some semiautomatic rifles as well as high-capacity magazines. (Scott Olson/Getty Images, File)
McGlynn wrote in his ruling that he isn’t attempting to “minimize the damage caused when a firearm is used for an unlawful purpose,” but said the law in question limited the Second Amendment right of people in Illinois.
“[Protect Illinois Communities Act] did not just regulate the rights of the people to defend themselves; it restricted that right, and in some cases, completely obliterated that right by criminalizing the purchase and the sale of more than 190 ‘arms,'” McGlynn wrote.
The ruling from former President Trump appointed judge McGlynn came shortly after United States District Court for the Northern District of Illinois judge Lindsay Jenkins, appointed by President Biden, declined to block the law’s enforcement.
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Levi Slater of Accuracy Firearms describes details of a Heckler & Koch brand rifle that cannot be sold to customers because of recent Illinois firearms legislation that bans the sale and distribution of assault weapons and high-capacity magazines, known as the Protect Illinois Communities Act, on Jan. 26, 2023, in Effingham, Ill. On Friday, a federal judge in Illinois granted a temporary injunction blocking the enforcement of the gun law that bans some semiautomatic rifles as well as high-capacity magazines. (John J. Kim/Chicago Tribune/Tribune News Service via Getty Images, File)
Jenkins wrote in her ruling that “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.”
Fox News’ Chris Pandolfo contributed to this report.
