Close

Federal judge declines to stay assault weapons ban ahead of Jan. 1 registration deadline

Federal judge declines to stay assault weapons ban ahead of Jan. 1 registration deadline

McGlynn previously issued an injunction that was overturned by appellate court

By BETH HUNDSDORFER
Capitol News Illinois
bhundsdorfer@capitolnewsillinois.com

A southern Illinois federal judge officially declined to issue an injunction to delay the Jan. 1 registration requirement under the state’s assault weapons ban.

U.S. District Judge Stephen McGlynn issued the 34-page order on Friday.

Gun rights advocates requested an emergency injunction to halt the registration of guns and accessories covered in the legislation, known as the Protect Illinois Communities Act, or PICA, as a condition of continued possession. The gun groups argued the requirements were unconstitutional under the Second and 14th amendments to the U.S. Constitution.

Read more: What to know about Illinois’ assault weapons ban

Lawyers for Federal Firearms Licensees of Illinois, gun rights advocates, gun dealers and three individual gun owners argued that the rules governing the registration of already-owned assault weapons are vague and the state failed to give proper notice to the owners of those weapons.

The Illinois attorney general’s office asked the court to dismiss the due process claims.

“This Court will expeditiously conduct a full review of the legal challenges to PICA on the merits. This also points toward foregoing further preliminary wrangling and going straight to an exhaustive review of PICA and the Emergency Rules on the merits,” McGlynn wrote. “Additionally, Illinois FOID cardholders’ level of compliance with the registration scheme will be discernible within mere days. This overall level of compliance will likely be highly relevant to the review of certain claims on the merits.”

At a Dec. 12 hearing, McGlynn had foreshadowed that he might decline to issue an injunction.

“I think there’s a mess here, and some problems, and I haven’t made my mind up,” McGlynn said at the hearing. “But I do think that entering an injunction today may create more problems than it’s worth.”

McGlynn also dismissed the 14th Amendment claim in Friday’s order and declined to address the Second Amendment claims.

During the Dec. 12 hearing, Sean Brady, an attorney for the plaintiffs, argued that the Illinois State Police was still seeking to modify the registration rules in mid-December, underscoring the need for an injunction to halt implementation before the Jan. 1 deadline.

Assistant Attorney General Christopher Wells countered that enacting the entire statute should not be delayed due to “the inevitable questions that will follow.”

In April, McGlynn issued a separate injunction blocking enforcement of the ban and declaring it unlikely to be found constitutional. Two previous attempts to block the law in northern Illinois courts were also unsuccessful.

The 7th Circuit Court of Appeals in Chicago overturned McGlynn’s ruling in June.

Earlier this month, the U.S. Supreme Court declined to issue an injunction on PICA and the 7th Circuit declined a request for a full review of a November ruling by the three-judge panel that upheld the gun ban.

 

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of print and broadcast outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

Print

Documents to download

Beth Hundsdorfer

Beth HundsdorferBeth Hundsdorfer

Beth has worked in journalism for 25 years starting out as an intern at KMOX radio. In 2023, Beth won her second Robert F. Kennedy journalism award with her reporting partner, Molly Parker, who joined the CNI team earlier this year for their reporting on abuse at the state-run Choate Mental Health and Developmental Center in Anna.

Other posts by Beth Hundsdorfer
Contact author

Contact author

x

RNC tote bag
FOR MEDIA PARTNERS

The CNI news team is on the scene at the Republican National Convention in Milwaukee. Find the latest developments on our LIVE BLOG or visit the CNI Pressroom to download full story assets for print, broadcast and web.

LIVE BLOG
Terms Of UsePrivacy Statement Code of Ethics Copyright 2024 by Capitol News Illinois
Back To Top