Federal Court Strikes Down Illinois “Assault Weapon” and Magazine Bans

Today, the Firearms Policy Coalition (FPC) announced that Federal District Court Judge Stephen P. McGlynn has ruled in the FPC Law case of Harrel v. Raoul that the Protect Illinois Communities Act (PICA), which bans semi-automatic firearms and their magazines, is unconstitutional. The 168-page decision, which followed a full bench trial, can be viewed at firearmspolicy.org/harrel.

After considering all of the evidence and arguments, the “Court must take action as justice demands,” the Court said in its decision. “PICA is an unconstitutional affront to the Second Amendment and must be enjoined. The Government may not deprive law-abiding citizens of their guaranteed right to self-defense as a means of offense.” However, the Court also stayed the injunction for 30 days to allow the State time to appeal and seek a stay from the Court of Appeals for the Seventh Circuit.

“We are gratified that the Court properly found that these bans violate the constitutionally protected rights of Illinois residents and visitors. As we clearly showed at trial, PICA fails even under the Seventh Circuit’s misguided test that conflicts with binding Supreme Court precedent,” said FPC President Brandon Combs. “We will continue to fight forward until we eliminate every unconstitutional ban like this throughout the country. Further, we are optimistic that the Supreme Court will soon address bans like these in our Snope v. Brown case out of Maryland, which is pending the Court’s decision on our petition for certiorari. Gun owners across the United States should be confident that the ultimate victory on these issues is coming, likely soon.”

The Harrel case is part of FPC’s high-impact strategic litigation program, FPC Law, aimed at eliminating immoral laws and creating a world of maximal liberty. FPC is joined in the litigation by one FPC member as well as C4 Gun Store, LLC, Marengo Guns, Inc, Illinois State Rifle Association, and the Second Amendment Foundation. Harrel was decided together with multiple lawsuits challenging the bans. FPC thanks and congratulates the parties in the consolidated cases, their counsel for their work to defend the right to bear arms, and FPC Action Foundation for its strategic support of this FPC Law case.

About FPC

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, and YouTube.

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