The U.S. Supreme Court on Wednesday allowed a so-called “assault weapons” ban to take effect in Illinois, but there’s more to the story than meets the eye.
The ruling allows the law pertaining to the sale and possession of semi-automatic “assault weapons” to continue to be in effect while lower courts deliberate on its constitutionality. The decision follows a request for an injunction against the ban made by a gun shop owner in Illinois, Fox News Digital reported.
Under the law, the sale and new possession of semi-automatic “assault weapons” are prohibited. However, individuals who already legally own such weapons are not required to surrender them. Additionally, the law prohibits the sale of large-capacity magazines.
Fox News said the Supreme Court did not offer an explanation for its ruling and there were no dissents. “The U.S. Court of Appeals for the 7th Circuit is currently considering the case. The request for an injunction went to Justice Amy Coney Barrett,” Fox News Digital added.
On January 10th, Illinois enacted the Protect Illinois Communities Act, which includes a ban on the sale, purchase, manufacture, delivery, and importation of “assault weapons” and large-capacity magazines. However, the legislation does provide exemptions for law enforcement, military personnel, and certain professionals with firearm training.
The Act specifically mentions rifles such as the AR-15 and AK-47, and it mandates that lawful owners of semi-automatic rifles must register their ownership with the state police.
The 7th Circuit Court of Appeals has not yet ruled on the law but whatever the outcome the court’s decision will likely be appealed to SCOTUS.
In May, Judge Stephen Patrick McGlynn, who was appointed by former President Trump and serves in Illinois’ Southern District, initially granted an injunction against the Illinois law. However, Appellate Judge Frank Easterbrook overturned McGlynn’s ruling. This decision has now been upheld by both the 7th Circuit Court of Appeals and the Supreme Court, indicating support for Easterbrook’s decision.
Judge Stephen Patrick McGlynn, a Trump-appointed judge in the Southern District of Illinois, initially granted the injunction in May. However, his ruling was later reversed by Appellate Judge Frank Easterbrook. This decision has now received support from both the 7th Circuit and the Supreme Court.
In his ruling, McGlynn argued that the law infringed on the right to self-defense and, in some cases, “completely obliterated that right by criminalizing the purchase and the sale of more than 190 ‘arms.'”
