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A federal appeals court upheld a controversial Illinois gun control law that largely bans assault weapons.
The U.S. Court of Appeals for the 7th Circuit decision issued on Thursday slapped down a district court decision that declared the ban unconstitutional.
“Among other things, the Act criminalizes the manufacture, sale, delivery, purchase, and possession of assault weapons and large-capacity magazines. A grandfather clause permits preexisting lawful owners of the regulated items to continue possessing them,” the Thursday decision noted.
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“For reasons that follow, we focus on the Act’s application to AR-15s and thirty-round rifle magazines. The Act’s restrictions on these items, we hold, are consistent with the principles that underpin our Nation’s tradition of firearm regulation. Whether to adopt them is thus a decision reposed in our elected representatives, and we reverse,” the decision declared.
Chief Judge Michael Brennan dissented from the panel’s decision.
“Our Nation’s enduring traditions forbid governments from prohibiting firearms commonly owned for self-defense. Because the people have overwhelmingly chosen the AR-15 rifle and its magazine as their weapon of choice, they are protected by the Second Amendment,” Brennan wrote.
“Illinois’s ban goes too far and should be enjoined as unconstitutional. I respectfully dissent,” he noted.
Illinois Gov. JB Pritzker, a Democrat who signed the controversial law in early 2023, hailed the court’s decision.
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“BREAKING: The 7th Circuit Court of Appeals upheld the Protect IL Communities Act. Illinois will continue banning assault weapons and high-capacity magazines capable of inflicting mass casualties. A victory in the fight to end gun violence that helps keep our communities safe,” the governor said in a Thursday post on X.
State Attorney General Kwame Raoul also celebrated the decision.
“This is a win that enhances public safety in Illinois. We have seen the damage that assault weapons and large-capacity magazines can inflict, and these weapons of war have no place in our communities,” he said in a Thursday statement. “My office has successfully defended the state’s prohibition on these weapons in both state and federal court, and I am immensely proud of the hardworking attorneys in my office who have worked diligently to preserve this critical public safety measure.”
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The National Shooting Sports Foundation (NSSF) was displeased by the decision.
“NSSF is a plaintiff in this case and plans on filing a cert petition with the U.S. Supreme Court,” the group noted in a statement on Thursday.
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