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Powerful decision out of Illinois, Federal Court Declares Illinois Assault Weapon and Magazine bans

John Lott - Crime Prevention Research Center | Published on 7/28/2023
In a powerfully written decision, Judge Stephen P. McGlynn of the Southern District of Illinois said Illinois’ new assault weapon ban known as the Protect Illinois Communities Act, or PICA, is likely to be found unconstitutional when the case goes to trial, and the plaintiffs in the consolidated cases will suffer harm without a preliminary injunction to block its enforcement. Two other district court judges, Democrats, ruled in favor of the law, so this issue to the United States Court of Appeals for the Seventh Circuit and potentially the Supreme Court.

President Biden has made inaccurate constitutional and historical claims about the Second Amendment and assault weapons.

The decision is worth reading, but here are a few noteworthy points.

The decision clearly rebuts the state’s attempt to rewrite Supreme Court decisions. For example, the defendants wanted to claim that the protections only applied to guns commonly used in self-defense. But Judge McGlynn writes: