In 2023 Illinois passed a law known as the Protect Illinois Communities Act. It prohibits the possession of what Illinois deems assault weapons, which are just common semi-automatic rifles including the AR-15, the most popular rifle in America. The Act also prohibits what it deems large capacity magazines.
"I couldn't be prouder to say that we got it done," Governor J.B. Pritzker said at the 2023 bill signing. "And we will keep fighting — bill by bill, vote by vote, and protest by protest — to ensure that future generations only hear about massacres like Highland Park, Sandy Hook, and Uvalde in their textbooks."
Currently, a case involving the law is at the 7th Circuit Court of Appeals following a 2024 ruling from Judge Stephen McGlynn, a Trump appointee, who said the law is unconstitutional.
Joseph Greenlee, an attorney with the National Rifle Association Institute for Legislative Action (NRA-ILA), says the law is wrong and for a few reasons.
"The Supreme Court has said that the Second Amendment prevents the government from banning weapons that are commonly possessed for lawful purposes, and these arms are unquestionably common," says Greenlee. "There's over 28 million of these AR-style rifles that Illinois prohibits and over 500 million of the magazines that it prohibits."
The Supreme Court in District of Columbia vs. Heller in 2008 affirmed the right to bear arms applied to individuals, not just a “collective” right tied to military service.
It invalidated strict handgun bans and set a precedent for future gun rights cases.
It clarified that the individual’s right is not unlimited, allowing for bans in certain places like schools or government buildings.
The case began when Dick Anthony Heller, a D.C. police officer, applied to register a handgun for home protection and was denied.
Meanwhile, Greenlee says the Second Amendment "ensures that the people have the right and ability to decide which arms we can keep and bear."
The Civil Rights Division at the U.S. Department of Justice agrees with NRA-ILA. In fact, the DOJ has filed an amicus brief with the 7th Circuit to support NRA-ILA's case and argue that the court should rule in NRA-ILA's favor.
"It's a really positive sign that that we have a federal government that is supporting Second Amendment rights and the people's right to choose, again, which arms that they can keep and bear, so I'm encouraged by it."
Pritzker's praise for gun ban
Following McGlynn's ruling, Pritzker issued this statement:
"The Protect Illinois Communities Act makes Illinois a safer place for everyone. Despite those who value weapons of war more than public safety, this law was enacted to and has protected Illinoisans from the constant fear of being gunned down in places where they ought to feel secure.”
NRA-ILA stands by its objections to the law.
"This is the 7th Circuit, and that includes not just Illinois but also Indiana and Wisconsin, so those people should certainly be concerned, but also it affects people in other states," says Greenlee. "If this gets up to the U.S. Supreme Court, which is a possibility, then that would be the law of the land, so it's a very important case not just for people in Illinois."
