United States District Court for the Southern District of Illinois Judge Stephen McGlynn has issued an Opinion declaring the State of Illinois’s bans on semi-automatic rifles and magazines to be unconstitutional infringements of the Second Amendment, and has also entered a permanent injunction against the law, commonly known as “PICA”.
The Court wrote,
“[C]onsidering all of the evidence presented, the Court holds that the provisions of PICA criminalizing the knowing possession of specific semiautomatic rifles, shotguns, magazines, and attachments are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs’ request for a permanent injunction is GRANTED. The State of Illinois is hereby ENJOINED from the enforcement of PICA’s criminal penalties in accordance with 720 ILL. COMP. STAT. §§ 5/24-1(a)(14)–(16) (bump stocks and assault weapons); 5/24-1.9(a)–(h) (assault weapons and attachments); and 5/24-1.10(a)–(h) (large-capacity magazines) against all Illinois citizens, effective immediately.”
The Court also struck down PICA’s registration scheme for grandfathered firearms under the statute:
“As the prohibition of firearms is unconstitutional, so is the registration scheme for assault weapons, attachments, and large-capacity magazines. Therefore, the State of Illinois is ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 ILL. COMP. STAT. 65/4.1.”
The Court stayed the permanent injunction for 30 days, presumably to allow the State to appeal. As the Firm is Plaintiff’s counsel in Harrel v. Raoul, which is one of the four consolidated cases subject to the Court’s Opinion, the Firm will continue to fight for the Second Amendment rights of the Plaintiffs and all law-abiding Illinois residents in whatever Court this case is heard.
The Harrel Plaintiffs are Dane Harrel, C4 Gun Store, LLC in Sparta, Marengo Guns, Inc. in Marengo, the Illinois State Rifle Association, the Firearm Policy Coalition, and the Second Amendment Foundation.
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
