SPRINGFIELD, IL (Chambana Today) – Illinois’ assault weapons ban will remain in effect after a federal appeals court stayed a lower court ruling that declared the law unconstitutional.

A three-judge panel of the 7th Circuit Court of Appeals in Chicago granted the state’s request to delay the enforcement of the lower court’s order. The panel noted that just a year earlier, the same circuit had denied a preliminary injunction seeking to block the law.

Law Prompted by Mass Shootings

The assault weapons ban, passed by Illinois lawmakers in January 2023, came in response to multiple mass shootings across the country, including the deadly Highland Park Independence Day parade attack in 2022.

The law prohibits the sale, purchase, and manufacture of certain firearms classified as “assault weapons,” large-capacity magazines, and specific firearm attachments designed to increase firing rates.

Legal Challenges Continue

The ban has faced numerous legal challenges in both state and federal courts. In August 2023, the Illinois Supreme Court upheld the law against claims it violated the Illinois Constitution. However, broader claims that the law infringes on the Second Amendment remain unresolved.

Three federal cases were consolidated: two in the Northern District of Illinois and one in the Southern District. In April 2023, Southern District Judge Stephen McGlynn issued a preliminary injunction blocking the law, arguing that plaintiffs were likely to succeed in their constitutional challenge. Two Northern District judges reached the opposite conclusion, refusing to issue similar injunctions.

In November 2023, the 7th Circuit denied an appeal to block the law. That decision was upheld by the U.S. Supreme Court, which declined to hear the case.

Recent Developments

In September 2024, Judge McGlynn held a trial in the Southern District, ultimately declaring the law unconstitutional on November 8. He stayed his order for 30 days to allow the state to appeal. Illinois Attorney General Kwame Raoul immediately appealed, and the 7th Circuit’s December 5 ruling now keeps the law in place while the appeal proceeds.

Broader Implications

Similar assault weapons bans in other states have been upheld in recent years. The 1st Circuit and 4th Circuit courts both ruled in favor of bans in Rhode Island and Maryland, respectively. The case is one of several pending in Illinois and other jurisdictions. The final outcome will have significant implications for the state’s firearm regulations.