A US federal judge struck down Illinois’ Protect Illinois Communities Act (PICA) on Friday, ruling it unconstitutional under the Second Amendment of the US Constitution.
US District Judge Stephen McGlynn ruled that PICA infringes on an individual’s Second Amendment rights, citing recent US Supreme Court interpretations of the Second Amendment. He stated: “The Government may not deprive law-abiding citizens of their guaranteed right to self-defense as a means of offense.” The decision further stated: “There are those who seek to usher in a sort of post-Constitution era where the citizens’ individual rights are only as important as they are convenient to a ruling class.”
Friday’s ruling followed a four-day bench trial held seven weeks ago in East St. Louis, Illinois, where Judge McGlynn heard arguments from gun owners and sellers claiming that the firearms banned under the act are commonly used for lawful purposes like self-defense and hunting. On the other side, government attorneys argued the law was both constitutional and essential to safeguard communities amid a persistent wave of mass shootings.
Judge McGlynn, based in East St. Louis, reiterated his April 2023 injunction against the Act on Friday, in contrast to a ruling three days earlier by US District Judge Lindsay Jenkins in Chicago, who declined to block the bans. The issue has seen intense debate, and the Seventh Circuit heard arguments on multiple related cases in June 2023 with the panel showing similar division. Although the Seventh Circuit opted last November to leave the bans in place, Judge McGlynn’s Friday ruling effectively overturned that decision, as well as an August 2023 Illinois Supreme Court ruling that upheld the bans.
The act, which prohibits AR-15 rifles, high-capacity magazines, and other firearm accessories, was introduced following the Highland Park parade shooting in 2022. Legal challenges to PICA emerged just days after Illinois Governor JB Pritzker signed it into law, sparking a divide in judicial opinion between the liberal-leaning Chicagoland area and the state’s more conservative southern and western regions.
Judge McGlynn stayed his order for 30 days, and Illinois Attorney General Kwame Raoul, who is named as a defendant in the suit, vowed to appeal the decision “in the interest of public safety.” Meanwhile, National Shooting Sports Foundation (NSSF) Senior Vice President and General Counsel Lawrence G. Keane celebrated the ruling, saying: “This decision handed down by Judge McGlynn is welcomed and what we in the firearm industry have known all along: commonly-owned firearms and standard capacity magazines are protected by law-abiding Americans under the Second Amendment.”
