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November 21, 2024

Protect Illinois Communities Act (Gun Ban) Declared Unconstitutional In Federal Court – Stay Issued Appears Limited

By Kirk Allen & John Kraft

On November 12, 2024

Illinois (ECWd) –

US District Judge Stephen P. McGlynn issued his order on the Protect Illinois Communities Act, commonly called the Illinois Assault Weapons Ban and Gun Registration law, on November 8, 2024.

The 168 page ruling can be downloaded at this link or viewed below.  We encourage everyone to read it all, twice or three times to grasp the importance of the court’s finding.

“..considering all of the evidence presented, the Court holds that the provisions of PICA criminalizing the knowing possession of specific semiautomatic rifles, shotguns, magazines, and attachments are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment.” (emphasis added)

The court issued a Stay applicable to the enforcement and registration provisions in the law.

“The State of Illinois is hereby ENJOINED from the enforcement of PICA’s criminal penalties in accordance with 720 ILL. COMP. STAT. §§ 5/24-1(a)(14)–(16) (bump stocks and assault weapons); 5/24-1.9(a)–(h) (assault weapons and attachments); and 5/24-1.10(a)–(h) (large-capacity magazines) against all Illinois citizens, effective immediately. As the prohibition of firearms is unconstitutional, so is the registration scheme for assault weapons, attachments, and large-capacity magazines. Therefore, the State of Illinois is ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 ILL. COMP. STAT. 65/4.1. This permanent injunction is STAYED for thirty (30) days.”

While we are not attorneys and we are not providing legal advice, it is our opinion, it appears on its face that the Stay issued by the court was not a Stay preventing people to now purchase and sell those guns outlined in the law nor parts and magazines.  Had the court intended for the public’s ability to sell and purchase those items they would have indicated as much in the order.

Gun Ban Unconstitutional Ruling In Federal Court

 

 

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3 Comments
  • Frank Miller
    Posted at 15:10h, 13 November Reply

    “Gun registration is always a precursor to confiscation. So when laws challenge the basic rights of the individual, elected officials have a duty to protect their constituents by declaring the usurpation or attack on the right as null and void. … Nullification has been used on many occasions throughout American history. Most recently and notably, during the unconstitutional government lockdowns of Covid-19. Yet there are still many legislators and special interest groups that argue against using nullification. … For gun control to be lasting, the Constitution will need to be amended. For as long as the Second Amendment is around, gun grabbers will have a hard time getting past it. The founding fathers made it hard to amend the Constitution to help avoid the political whims of the day. Article 5 of the Constitution offers two ways to amend..” – Bill Hahn, Chief Executive Officer, The John Birch Society

  • TC
    Posted at 20:16h, 12 November Reply

    Look @ bottem pg 166- top page 167: … Government may not deprive law-abiding citizens of their guaranteed right to self defense as a means of offense. The Court will stay enforcement of the permanent injunction for a period of thirty (30) days from the date of this Order

    That 30 days should apply to the general “unconstitutional” right??

  • Dave
    Posted at 12:37h, 12 November Reply

    The persecution by dictator Pritzker will continue. He will force us to spend more money to defend against his unconstitutional attempt to water down our right to self-defend.

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