Federal judge blocks Illinois assault rifle ban News
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Federal judge blocks Illinois assault rifle ban

An Illinois federal district judge Friday issued a preliminary injunction to prevent the enforcement of Illinois’ Protect Illinois Communities Act (PICA) until there is a final determination as to the law’s constitutionality. The case is in the US District Court for the Southern District of Illinois.

District Judge Stephen P. McGlynn issued the preliminary injunction pursuant to Federal Rules of Civil Procedure 65(a). The court ruled that “PICA seems to be written in spite of the clear directives” of US Supreme Court precedent. Additionally, the court ruled that “the overly broad reach of PICA commands” that injunctive relief be granted. As a result of the ruling, Illinois is enjoined from enforcing PICA.

To obtain a preliminary injunction in federal court, the movant must show that (1) they will suffer irreparable harm in the interim prior to a final resolution; (2) there is no adequate remedy at law; and (3) they have a reasonable likelihood of success on the merits. The court ruled that the plaintiffs satisfied all three requirements and that there is a reasonable likelihood that PICA does in fact violate the Second Amendment. The court noted that “no state may enact a law that denies its citizens rights that the Constitution guarantees them.”

Illinois Governor JB Pritzker signed PICA in response to the Highland Park shooting that occurred during a Fourth of July parade. Seven people were killed in the shooting, and dozens more were injured. The law prohibits the sale and manufacturing of assault rifles. PICA also prohibits the sale and manufacturing of assault weapon attachments, .50 caliber cartridges, and any .50 caliber rifle and certain pistols. Last month, an Illinois state court ruled that PICA is unconstitutional under the Illinois Constitution.