Global Courant 2023-04-29 03:01:34
A federal judge in Illinois has issued a temporary injunction blocking enforcement of a gun law that bans some semi-automatic rifles and high-capacity magazines.
Stephen Patrick McGlynn, District Court Judge for the Southern District of Illinois, delivered the ruling Friday afternoon, stating that the court should be “aware of the rights guaranteed by the Constitution.”
The ban, signed in January by Democratic Governor of Illinois JB Pritzker, includes penalties for individuals “carrying or possessing an assault weapon or .50 caliber rifle.”
Those who legally own a gun must register it with the Illinois State Police.
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Assault style rifles not for sale in the state go on display at Freddie Bear Sports January 11, 2023 in Tinley Park, Illinois. On Friday, an Illinois federal judge issued a temporary injunction blocking enforcement of the gun law that bans some semi-automatic rifles and high-capacity magazines. (Scott Olson/Getty Images, File)
The law also includes legal penalties for people who “sell, manufacture, supply, import, possess or purchase an assault weapon or .50 caliber cartridge.”
Any kit or tool used to increase the rate of fire of a semi-automatic weapon is also prohibited, and the legislation includes a limit on the purchase of certain magazines.
Gun Owners of America, a plaintiff in the case, said in a statement that the ruling should send a message to Pritzker.
“Governor Pritzker and his anti-gun clique in the legislature thought they could roll the Second Amendment with steam, and this ruling makes it clear that they have abused their authority and encroached on the rights of their citizens. We look forward to to continue this fight,” GOA Senior Vice President Erich Pratt said.
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High-capacity rifle magazines are not on display at Freddie Bear Sports January 11, 2023 in Tinley Park, Illinois. On Friday, an Illinois federal judge issued a temporary injunction blocking enforcement of the gun law that also bans some semiautomatic rifles as high-capacity magazines. (Scott Olson/Getty Images, File)
McGlynn wrote in his ruling that he is not trying to “minimise the harm caused when a firearm is used for an unlawful purpose,” but said the law in question limits people’s Second Amendment rights in Illinois.
“(Protect Illinois Communities Act) not only regulated the people’s rights to defend themselves; it limited that right and in some cases completely destroyed that right by criminalizing the purchase and sale of more than 190 ‘guns’.” McGlynn wrote.
Former President Trump appointee Judge McGlynn’s ruling came shortly after President Biden appointee Judge Lindsay Jenkins refused to block enforcement of the law.
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Accuracy Firearms’ Levi Slater details details of a Heckler & Koch branded rifle that cannot be sold to customers due to recent Illinois firearms legislation banning the sale and distribution of high-capacity assault weapons and magazines, known as the Protect Illinois Communities Act , on January 26, 2023, in Effingham, Illinois. On Friday, an Illinois federal judge issued a temporary injunction blocking enforcement of the gun law that bans some semi-automatic rifles and high-capacity magazines. (John J. Kim/Chicago Tribune/Tribune News Service via Getty Images, File)
Jenkins wrote in her ruling that “The disputed restrictions on semi-automatic weapons and large-capacity magazines … are consistent with ‘the nation’s historical tradition of firearms regulation’, namely, the history and tradition of regulating particular” dangerous weapons.”
Fox News’ Chris Pandolfo contributed to this report.
Adam Sabes is a writer for Fox News Digital. Story tips can be sent to Adam.Sabes@fox.com and on Twitter @asabes10.
