Federal judge blocks Illinois assault weapons ban

[DetroitLegalBeagle]

https://abc7chicago.com/illinois-assault-weapons-ban-injunction-il-gun-laws-2023-weapon/13193444/]

A federal judge in East St. Louis issued an order Friday blocking enforcement of Illinois' ban on assault weapons and high-capacity magazines until a lawsuit challenging the law is resolved.

Judge Stephen P. McGlynn, of the Southern District of Illinois, said the law 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 harms without a preliminary injunction to block its enforcement.

"More specifically, can PICA be harmonized with the Second Amendment of the United States Constitution and with Bruen?" McGlynn asked rhetorically in the opinion. "That is the issue before this Court. The simple answer at this stage in the proceedings is 'likely no.'"

Looks like they shopped around for the right judge. Another federal judge declined to block the law a week ago.

[elleng]

1. We shall see, I suppose, depending on how the Court interprets 'Heller.'

https://tile.loc.gov/storage-services/service/ll/usrep/usrep554/usrep554570/usrep554570.pdf

[DetroitLegalBeagle]

4. Bruen is going to be the problem

That sets the review standard. And the standard is going to be hard to deal with.

[ShazzieB]

2. If this assault weapons ban is unconstitutional....

Why was the federal one never struck down in court? Didn't it just quietly expire because of a built in expiration date?

Pardon me for not googling this right now, I'm so pissed off, I can barely see to type this!

I was SO proud of Illinois for passing this ban and J.B. for signing it into law. This news makes me absolutely livid!

[DetroitLegalBeagle]

3. Yea the Federal ban expired

Unfortunately that was nearly 20 years ago. Since then, the Heller, Mcdonald, and Bruen decisions have happened which has drastically changed the legal environment.

[PSPS]

5. McGlynn is a trump judge

[Skittles]

6. gun humping judge

sickening

[live love laugh]

7. Sickening. The MAGAt virus is spreading and we all suffer.

[Karadeniz]

8. Hamilton's description of militia sounds like current state guards, I read. If so, the regulating of

weaponry would fall to the state level, not for the feds to determine what well regulated entails.

[DetroitLegalBeagle]

9. SCOTUS would need to agree with that interpretation

Which, currently, they do not.