Federal Judge Puts Hold on State Assault Weapon Ban
A federal judge has put a stay on the state assault weapons ban enacted in January.
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U.S. District Judge Stephen McGlynn Friday granted a motion from gun-rights groups to stop the state from enforcing the assault weapons ban lawmakers passed in January and the Governor signed into law hours later.
McGlynn, a Trump appointee who ran for Illinois Appellate Court in 2012 as a Republican, was assigned to this case.
He sided with plaintiffs in their argument the law should be stayed pending resolution of the federal lawsuit.
“[Plaintiffs] have shown irreparable harm with no adequate remedy at law, a reasonable likelihood of success on the merits, that the public interest is in favor of the relief, and the balance of harm weighs in their favor,” McGlynn wrote in his 29-page order Friday.
You can read his ruling here.
Rep. Bob Morgan (D-Deerfield), who passed the assault weapons ban and was present in last summer’s mass shooting at the Highland Park Independence Day Parade, issued a statement calling the ruling “disappointing.”
“Since its enactment, this law has already prevented the sales of thousands of assault weapons and high capacity magazines in Illinois, making Illinois communities safer for families,” Morgan said. “This is necessary and life-saving legislation, and we feel confident we will ultimately prevail in a higher court.”
It’s likely defendants, which include legislative leaders, Governor JB Pritzker, and Attorney General Kwame Raoul, will ask the Seventh Circuit Court of Appeals to reverse the decision, as it has already stopped an effort by plaintiffs in a separate case from receiving an injunction.
It’s the latest salvo in a case that is likely to take years to adjudicate, and could potentially wind up in front of the U.S. Supreme Court.
For this weekend, at least, expect Illinois gun shops to be hoppin’.
