East Central Reporter

US District Judge Stephen P. McGlynn has ruled on the Protect Illinois Communities Act, commonly known as the Illinois Assault Weapons Ban and Gun Registration law. On November 8, 2024, Judge McGlynn declared parts of the law unconstitutional.

The court's decision was based on evidence presented regarding the Second Amendment to the United States Constitution. The ruling stated that "the provisions of PICA criminalizing the knowing possession of specific semiautomatic rifles, shotguns, magazines, and attachments are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment."

A Stay was issued concerning certain enforcement and registration provisions within the law. According to Judge McGlynn's order, "The State of Illinois is hereby ENJOINED from the enforcement of PICA’s criminal penalties in accordance with 720 ILL. COMP. STAT. §§ 5/24-1(a)(14)–(16) (bump stocks and assault weapons); 5/24-1.9(a)–(h) (assault weapons and attachments); and 5/24-1.10(a)–(h) (large-capacity magazines) against all Illinois citizens, effective immediately." Additionally, he stated that "as the prohibition of firearms is unconstitutional, so is the registration scheme for assault weapons, attachments, and large-capacity magazines."

The injunction against enforcing firearm registration requirements will be stayed for thirty days.

While not providing legal advice, it appears that this Stay does not prevent individuals from purchasing or selling firearms or related items specified in the law.