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    Thursday, June 1

    Illinois Assault Weapons Ban Blocked by Federal Judge for Violating Second Amendment

    Democrats will never stop in trying to destroy the Constitution in every state. 

    A federal judge in Illinois has issued a preliminary injunction against the state’s assault weapons ban. The Protect Illinois Communities Act (PICA) has been blocked while a lawsuit proceeds, with Judge Stephen P. McGlynn of the Southern District of Illinois ruling that the law likely violates the Second Amendment and Supreme Court precedents set by the Heller and Bruen cases.

    In his ruling, McGlynn questioned whether the crimes committed by a few could justify infringing upon the constitutional rights of law-abiding citizens, saying, “Even legislation that may enjoy the support of a majority of its citizens must fail if it violates the constitutional rights of fellow citizens.”

    The judge first ruled against the law’s prohibition on “non-essential accessories” on firearms, such as threaded barrels, barrel shrouds, flash suppressors, or arm braces, as well as bans on 15-round handgun magazines. The state argued that because these accessories were not necessary to the function of a firearm, they were not “arms” under the Second Amendment. However, McGlynn ruled that accessories like magazines were closely correlated to the right to use a firearm in self-defense and were therefore protected under the Second Amendment.

    McGlynn also found that prohibiting accessories like arm braces without any exceptions interfered with the rights of individuals with disabilities to use firearms. The court recognized that stabilizing braces are necessary for disabled persons to use firearms, and that prohibiting them failed to stand up to Second Amendment scrutiny. Additionally, accessories that increase firearm proficiency, like pistol grips and flash suppressors, were also protected.

    Finally, the court found that accessories, high-capacity magazines, and “assault rifles” like AR-15s and AK-47s were protected under “common use” because they had millions of units in circulation. McGlynn noted that the injunction does not yet block the law on the merits, and that the state has other avenues to confront firearm-related violence through existing civil and criminal laws.

    The ruling has been controversial, with proponents of gun control arguing that assault weapons bans are necessary to prevent gun violence. However, opponents argue that such bans infringe upon Second Amendment rights and do little to prevent criminals from obtaining firearms illegally.

    The ruling in Illinois comes amid a national debate over gun control laws, with several states passing laws to restrict or ban certain types of firearms in the wake of mass shootings. However, courts have generally been hesitant to uphold such laws, with many judges citing the Second Amendment as protecting the right to bear arms.

    To Sum It All Up: the ruling in Illinois highlights the ongoing debate over gun control in the United States. While proponents argue that assault weapons bans are necessary to prevent gun violence, opponents maintain that such laws infringe upon Second Amendment rights. The judge’s ruling in this case is likely to be challenged in higher courts, and the debate over gun control is unlikely to be resolved anytime soon.

    Main Points:

    • A federal judge in Illinois has blocked the state’s assault weapons ban from taking effect.
    • The judge ruled that the law likely violates the Second Amendment and Supreme Court precedents set by the Heller and Bruen cases.
    • The judge first ruled against the law’s prohibition on “non-essential accessories” on firearms, such as magazines, and found that they were protected under the Second Amendment.
    • The court also found that prohibiting accessories like arm braces without any exceptions interfered with the rights of individuals with disabilities to use firearms and failed to stand up to Second Amendment scrutiny.
    • The court concluded that the injunction does not yet block the law on the merits, and that the state has other avenues to confront firearm-related violence through existing civil and criminal laws.

    Want to know more? 

    James Kravitz – Freelance Writer for Whatfinger News
    To Submit articles to us for print send to editor@whatfinger.com  NOTE: We do not open any emails with graphics, PDFs or that require us to click anything due to viruses.  If you must send graphics, please email us at whatfingereditor@gmail.com

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