Trump-appointed federal judge blocks Illinois assault weapons ban

 April 30, 2023

While Illinois is known for having some of America's most restrictive gun laws, a Trump-appointed federal judge recently blocked one of them from being enforced.

According to Breitbart, U.S. District Judge Stephen P. McGlynn issued an injunction on Friday against the Protect Illinois Communities Act (PICA).

Judge points to Supreme Court ruling

The law labels many commonly owned semi-automatic firearms as banned "assault weapons" and it faced a number of legal challenges which were consolidated into a single case known as Barnett v. Raoul.

Breitbart noted that as justification for his injunction, McGlynn pointed to the Supreme Court's holding last year in New York State Rifle & Pistol Association, Inc. v. Bruen.

He recalled how the nation's highest judicial body had

reaffirmed that “the right to ‘bear arms’ refers to the right to ‘wear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.’” 142 S. Ct. at 2134 (quoting D.C. v. Heller, 554 U.S. 570, 584 (2008))

Americans "have every reason to celebrate our rights and freedoms"

McGlynn stressed that Bruen established a test under which gun regulations must be "rooted in the Second Amendment’s text, as informed by history."

This requires the government to "affirmatively prove that its firearm regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms."

The judge added that "[u]nder this framework, 'the Second Amendment protects the possession and use of weapons that are ‘in common use at the time.'"

McGlynn pointed out that Democrats in the Illinois legislature argued for PICA's passage by pointing to a 2022 mass shooting which took place on Independence Day.

"As Americans, we have every reason to celebrate our rights and freedoms, especially on Independence Day," he wrote.

Biden-appointed judge refuses to block law

"Can the senseless crimes of a relative few be so despicable to justify the infringement of the constitutional rights of law-abiding individuals in hopes that such crimes will then abate or, at least, not be as horrific?" McGlynn demanded.

McGlynn went on to stress that there are "a wide array of civil and criminal laws that permit the commitment and prosecution of those who use or may use firearms to commit crimes. Law enforcement and prosecutors should take their obligations to enforce these laws seriously."

McGlynn's ruling came even as Fox News reported that the Biden-appointed U.S. District Judge Lindsay Jenkins refused to block PICA in a similar case.

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