The Illinois ban on assault weapons and high-capacity magazines continues to be enforceable following a decision from the 7th Circuit US Court of Appeals. Last week, a three-judge panel extended a stay on a ruling from US District Judge Stephen McGlynn, who had deemed the Protect Illinois Communities Act unconstitutional.
In their unanimous order, the judges indicated that further examination of the case is required. They referred to a previous opinion that allowed the law to remain in effect while a challenge from a Naperville gun shop owner is underway, asserting that the gun ban has “enough support” to stay in place. The panel noted that all other appellate courts addressing similar legislation post-New York State Rifle & Pistol Association v. Bruen have upheld such laws.
The judges also pointed out procedural missteps by Judge McGlynn, stating he did not follow federal civil procedure rules but expected him to issue appropriate orders without the need for further intervention from the court. Additionally, the appellate panel highlighted that at least two other identical lawsuits are pending in the Seventh Circuit, making a continued stay necessary to prevent conflicting rulings and maintain the current legal status across the state.
In response to the ruling, the Illinois State Rifle Association expressed disappointment over the stay extension, stating, “While we are glad that Federal District Court Judge Stephen McGlynn’s stay would have expired on Sunday, December 8th, we are disappointed; but not surprised; that the Seventh Circuit Court of Appeals has extended that stay.”
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