On-Again-Off-Again Gun, Mag Ban Back in Effect In Illinois (Bennian/Shutterstock)
May 05, 2023
By Mark Chesnut
Just a week after a court issued a temporary injunction blocking Illinois’ ban on many common semi-auto firearms and regular capacity magazines, another court has granted an emergency stay, which means the ban is back in effect after the short reprieve.
Last week, U.S. District Judge Stephen P. McGlynn of the U.S. District Court for the Southern District of Illinois issued a temporary injunction blocking the so-called Protect Illinois Communities Act (PICA) from taking effect.
Judge McGlynn, in his court opinion, mentioned how the law was hastily passed after a public mass murder last July 4.
“As Americans, we have every reason to celebrate our rights and freedoms, especially on Independence Day,” Judge McGlynn wrote. “Can the senseless crimes of a relative few be so despicable to justify the infringement of the constitutional rights of law-abiding individuals in hopes that such crimes will then abate or, at least, not be as horrific?
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“More specifically, can PICA be harmonized with the Second Amendment of the United States Constitution and with Bruen? That is the issue before this Court. The simple answer at this stage in the proceedings is ‘likely no.’”
Apparently, however, an appeals court didn’t agree with that assessment. On Thursday, a U.S. Court of Appeals judge granted the emergency stay, which reverses the injunction that blocked enforcement of the law. So once again, Illinois gun owners are living under the punitive law while pro-gun groups continue to battle in court to get it overturned.
In his decision last week, Judge McGlynn had cited some important precedent used in making his decision to issue the temporary injunction—apparently precedent the latest court didn’t take into consideration.
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“There is no evidence as to how PICA will actually help Illinois communities,” Judge McGlynn wrote. “It is also not lost on this Court that the Illinois Sheriff’s Association and some Illinois State Attorneys believe PICA unconstitutional and cannot, in good conscience, enforce the law as written and honor their sworn oath to uphold the Constitution.”
About the Author Freelance writer and editor Mark Chesnut is the owner/editorial director at Red Setter Communications LLC. An avid hunter, shooter and political observer, he has been covering Second Amendment issues and politics on a near-daily basis for over 20 years.
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