ILLINOIS — The U.S. 7th Circuit Court of Appeals upheld Illinois’ ban on semiautomatic weapons in a 2-1 ruling, reversing a lower court decision that had struck down the law as unconstitutional. The appeals court’s decision reinstates the Protect Illinois Communities Act, a state law enacted after a mass shooting at a July 4, 2022, parade in Highland Park left seven dead and 36 injured.
The three-judge panel overturned a November 2024 ruling by U.S. District Judge Stephen McGlynn, who had found the law violated the Second Amendment. Illinois Attorney General Kwame Raoul filed a notice of appeal the same day as McGlynn’s ruling, which immediately triggered a stay of the injunction, keeping the law in effect during the appeal process.
Judge Amy St. Eve, appointed by President Donald Trump, authored the majority opinion, which was joined by Judge Frank Easterbrook, who was appointed by President Ronald Reagan. The majority concluded that the Illinois law does not violate the Second Amendment right to bear arms and is consistent with the nation’s tradition of firearm regulation. “The undisputed record evidence undercuts that claim, showing that the presence of assault weapons and large-capacity magazines is strongly correlated with the severity of the societal problem,” the opinion states. The court added, “Whether to adopt them is thus a decision reposed in our elected representatives, and we reverse.”
Chief Judge Michael Brennan, also appointed by President Donald Trump, dissented. He argued that the government cannot ban “firearms commonly owned for self-defense.” In his dissent, Brennan wrote, “Because the people have overwhelmingly chosen the AR-15 rifle and its magazine as their weapon of choice, they are protected by the Second Amendment.”
The Protect Illinois Communities Act, signed into law by Gov. JB Pritzker in January 2023, prohibits the sale of more than 100 kinds of semiautomatic firearms, including AR-15 rifles and similar guns. It also restricts magazine capacities to 10 rounds for long guns and 15 rounds for handguns. The legislation was passed in direct response to the Highland Park shooting, where the assailant used a legally purchased semiautomatic weapon.
Following the appeals court decision, Raoul said in a statement, “We have seen the damage that assault weapons and large-capacity magazines can inflict, and these weapons of war have no place in our communities.” The National Shooting Sports Foundation expressed disappointment with the ruling and said it plans to ask the U.S. Supreme Court to review the case.
Why It Matters
The 7th Circuit’s ruling affects the federal judicial districts covering all of Illinois and resolves a legal challenge to one of the most expansive state-level firearm restrictions enacted in recent years. With the law now upheld by a federal appeals court, it may influence similar legislation or litigation in other states within the circuit’s jurisdiction, which includes the Central, Northern, and Southern Districts of Illinois.
The decision also sets the stage for potential review by the U.S. Supreme Court, particularly as it addresses the evolving interpretation of the Second Amendment following the Supreme Court’s 2022 Bruen decision, which reshaped the legal standard for evaluating gun laws. The National Shooting Sports Foundation’s stated intent to seek Supreme Court review means the legal battle over the Illinois law may continue.
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