Federal judge tosses Illinois' 'assault weapons' ban, calls it 'unconstitutional'

By 
 November 9, 2024

In a state where common sense rarely shows its head, it finally did this week on a critically important Second Amendment issue.

According to The Hill, a federal judge disagreed strongly with an assault rifle ban enacted in Illinois, a state that has some counties with the some of the strictest anti-gun laws in the nation.

U.S. District Judge Stephen McGlynn held nothing back in his opinion striking down the ban, calling it unconstitutional and a violation of the Second Amendment.

The ruling was widely celebrated across the state by law-abiding gun owners who own the rifles that were previously banned under the Protect Illinois Communities Act.

What's going on?

Just last month, a federal appeals court upheld the Illinois assault weapons ban after months of litigation from both sides of the issue. The ruling marked a major blow to law-abiding gun owners in the state.

The ban was a knee-jerk, liberal reaction to a mass shooting that occurred in the state last year after the Fourth of July in Chicago.

Judge Diane Wood attempted to argue at the time that banning such firearms was perfectly fine and not a violation of the Second Amendment, a move many believe was purely politically driven.

"Government may punish a deliberately false fire alarm; it may condition free assembly on the issuance of a permit; it may require voters to present a valid identification card; and it may punish child abuse even if it is done in the name of religion,” Judge Wood wrote in that decision. "The right enshrined in the Second Amendment is no different."

Judge McGlynn had a contrasting view, writing, "At the crossroads of this debate stands the Second Amendment of the United States Constitution."

He added, "There is no happy consensus on guns, particularly those defined as ‘assault weapons.’ With malice toward none on either side of these debates, and with no desire to impose policy judgments by judicial fiat, this Court seeks to understand what exactly it means for a firearm to be ‘dangerous,’ ‘unusual,’ ‘bearable,’ ‘in common use,’ in ‘dual use,’ and/or a ‘military weapon."

Social media reacts

Gun policy groups and social media users cheered the federal judge's ruling.

"I want them to start putting representatives in prison for even attempting unconstitutional laws. They know the Constitution, but keep throwing bad laws against the wall to see what sticks," one X user wrote.

Another X user wrote, "Great news. We need to dismantle ALL these unconstitutional firearms laws."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson