The 2nd Amendment wins in Illinois, but don’t, for a second, think that the gun grabbers will give up.
On January 10, 2023, Governor J.B. Pritzker signed into law public act 102–1116, also known as the Protect Illinois Community Act (PICA)
A whole lot of controversy and propaganda surrounds this Unconstitutional law that regulates the sale and distribution of so-called “assault weapons,” “high capacity magazines,” and “switches” in the State of Illinois. Anyone who possessed these devices prior to the law going into effect, were required to fill out an endorsement affidavit through their Firearm Owner’s Identification card by January 1, 2024, and give up their 5th Amendment right by turning themself in to the State Government.
The State of Illinois defined “assault weapon” as a semi-automatic rifle that has the capacity to accept a detachable magazine, if the firearm has one or more of the many illegal attachments listed here: 720 ILCS 5/24-1.9
The list of attachments, of which any single item, deems a semi-automatic rifle with detachable magazine illegal in the state of Illinois is vast. As a result, gun owners across the state became concerned that not only their 2nd and 5th Amendment rights were being violated, but that they could find themselves in deep legal trouble overnight by the simple stroke of a pen in the hand of J.B. Pritzker. It appeared Pritzker and the Illinois Legislature decided that they knew better than our Founding Fathers and completely turned the Bill of Rights inside out. Many gun owners turned themselves in and many took unique measures such as converting their semi-automatic rifles into bolt action rifles by using devices such as the Kali Key or other modifications, effectively taking their rifles out of the semiautomatic class.
It took almost 2 years but on November 5, 2024, United States District Judge Stephen P. McGlynn issued a permanent injunction and overturned the Illinois “assault weapons” ban. He required the State to stop enforcing the ban permanently. Judge McGlynn explained the reasoning behind his decision in a 168-page opinion. He decided the injunction would go into effect 30 days after the verdict.
Judge McGlynn said:
While mass shootings and firearm-related deaths are universally tragic and senseless, the government has not met its burden to prove that the history and tradition of firearm regulations supports PICA’s expensive sweep, covering hundreds of models of weapons, magazines, and attachments used by tens of millions of law-abiding United States citizens.
The “history and tradition” precedent comes from Judge Clarence Thomas’ opinion in the recent Bruen case.
As soon as Judge McGlynn’s decision came down, the anti-gunners poured on the propaganda and rhetoric in what appeared to be a desperate attempt at denying the reality of the decision. They used all the typical scare tactics and anti-gun terminology, such as “gun violence” and “weapons of war.”
Andrew Hill, deputy press secretary of the office of the Illinois Attorney General Kwame Raoul said:
Although this decision is disappointing, the Protect Illinois Communities Act remains in effect for now. The law is an important part of the State’s comprehensive efforts to make communities safe from gun violence.
It’s interesting how he and others refuse to admit that Chicago, one of the most violent cities in America, in his own State of Illinois is where we find some of the strictest gun laws. It would be helpful if these anti-gun politicians would admit that guns are not actually the cause of violence. Gang violence, drugs, poverty, and other issues are where these gun grabbers should focus their attention if they really wanted to save lives. It’s fair to say that we are beyond the point that we still believe saving lives is their top priority. It would appear, strict gun laws that apply to law-abiding voters, of whom many are their political opposition, is where they focus their attention.
Ibrahim Zeeshan, a member of the Illini Democrats, couldn’t wait to use his scary gun words and perpetuate more irrational fear over America’s most commonly owned firearms when he said:
The fear is that, as a result of this ruling, these weapons, ‘weapons of war,’ will be allowed back onto the streets and pave the way for a lot more tragedies.
Of course, the anti-gun crowd desperately clings to the notion that the 2nd Amendment only applies to muskets, but Judge Stephen P. McGlynn rejected that desperate attempt at violating gun owners’ rights. Judge McGlynn rejected the idea that technological advancements and mass killings should alter the Constitutional interpretation of the 2nd Amendment.
Judge McGlynn was appointed by President Donald Trump in 2020 to the Southern District of Illinois. Upon Judge McGlynn issuing the recent permanent injunction, Illinois Attorney General Kwame Raoul quickly filed a notice of appeal. We will continue to watch this case very closely.
The 2nd Amendment is not a privilege. It’s your right.
Dan Wos
