As of October 2024, Illinois’s controversial gun ban, formally known as the Protect Illinois Communities Act, remains in legal limbo, with significant attention focused on the upcoming ruling by Judge Stephen McGlynn in the Southern District of Illinois. This law, passed in January 2023, prohibits the sale and possession of over 170 types of semi-automatic firearms and restricts magazine capacities to 15 rounds for handguns and 10 for rifles. AR-15-style rifles are included in this ban, sparking intense debate and a series of lawsuits questioning its constitutionality.
Judge McGlynn has already held a four-day bench trial on the matter, where plaintiffs argued that the law infringes on Second Amendment rights by banning firearms commonly used for self-defense. They contend that Illinois’s restrictions unfairly limit citizens' access to standard firearms and magazines, which are widely considered appropriate for personal protection. The state’s defense countered that these semi-automatic firearms resemble military weapons and are not essential for civilian use.
Judge McGlynn is expected to issue his ruling soon, but the decision is likely to be appealed regardless of the outcome. This would send the case to the Seventh Circuit U.S. Court of Appeals, where Illinois’s gun ban has already faced scrutiny. Notably, the Seventh Circuit overturned McGlynn’s previous preliminary injunction against the ban in 2023, deeming that the state’s restriction likely aligned with constitutional principles.
If McGlynn issues a permanent injunction, it could temporarily allow Illinois residents to purchase banned firearms and magazines until the appeals court intervenes. This type of temporary suspension, informally dubbed “freedom week,” could enable customers who already initiated purchases to complete them. However, a quick response from the appeals court could limit this period.
Many experts believe that cases like Illinois’s will eventually be reviewed by the U.S. Supreme Court, which could establish broader precedent regarding state-level gun restrictions across the country. For now, Illinois’s gun ban remains one of the most closely watched Second Amendment cases in the U.S., with strong arguments on both sides and implications for other states considering similar laws.
Sources: Washington Examiner, Illinois State Rifle Association, Cities929