Background
In 2023, Illinois enacted the Protect Illinois Communities Act, which criminalized the possession and sale of assault weapons and large-capacity magazines. Plaintiffs challenged the law, arguing it violated the Second Amendment. A district court granted a permanent injunction, enjoining enforcement of the Act in its entirety. The State appealed, and the Seventh Circuit consolidated the case with related appeals to resolve the Act’s status across the state.
The court’s reasoning
The court applied the two-step framework from New York State Rifle and Pistol Association versus Bruen. Assuming the regulated items are Arms under the Second Amendment, the court moved to the second step, requiring the government to demonstrate that the regulation is consistent with the Nation’s historical tradition of firearm regulation. The court found that legislatures have long imposed targeted restrictions on particularly dangerous weapons. It drew a parallel between the Act’s restrictions on AR-15s and large-capacity magazines and historical laws regulating Bowie knives, which were deemed instruments of almost certain death. The court noted that while the Act imposes some burden on self-defense, the burden is minimal given the rarity of using such weapons in self-defense scenarios. The court concluded that the Act is relevantly similar to historical regulations and thus constitutional.
What it means going forward
The reversal allows the State of Illinois to enforce the Protect Illinois Communities Act, including its bans on assault weapons and large-capacity magazines, pending further litigation or legislative action.