(The Center Square) – A federal judge in East St. Louis found Illinois’ gun and magazine ban is unconstitutional and enjoined the state from enforcement, but stayed the ruling for 30 days for the state to appeal.
“[The Protect Illinois Communities Act] is an unconstitutional affront to the Second Amendment and must be enjoined,” federal Judge Stephen McGlynn wrote Friday in a 168 page ruling . “The Government may not deprive law-abiding citizens of their guaranteed right to self defense as a means of offense. The Court will stay enforcement of the permanent injunction for a period of thirty (30) days from the date of this Order.”
Illinois banned the sale and possession of more than 170 semi-automatic firearms and magazines over certain capacities in January 2023. Federal lawsuits were filed in the following weeks.
The state argues the banned firearms are too similar to military firearms, are dangerous and unusual, and banning them is for public safety. Plaintiffs argue banning commonly owned firearms violates the Second Amendment right to keep and bear arms.