Federal appeals court upholds controversial Illinois ban on semiautomatic guns
Chief Judge Michael Brennan dissented, saying the state's 'ban goes too far'
{{#rendered}} {{/rendered}}A federal appeals court upheld a controversial Illinois gun control law that largely bans assault weapons.
The U.S. Court of Appeals for the 7th Circuit decision issued on Thursday slapped down a district court decision that declared the ban unconstitutional.
"Among other things, the Act criminalizes the manufacture, sale, delivery, purchase, and possession of assault weapons and large-capacity magazines. A grandfather clause permits preexisting lawful owners of the regulated items to continue possessing them," the Thursday decision noted.
{{#rendered}} {{/rendered}}US JUDGE TOSSES ILLINOIS' BAN ON SEMIAUTOMATIC WEAPONS, GOVERNOR PLEDGES SWIFT APPEAL
Smith & Wesson M&P-15 semi-automatic rifles of the AR-15 style are displayed during the National Rifle Association (NRA) annual meeting at the George R. Brown Convention Center, in Houston, Texas, on May 28, 2022. (PATRICK T. FALLON/AFP via Getty Images)
"For reasons that follow, we focus on the Act’s application to AR-15s and thirty-round rifle magazines. The Act’s restrictions on these items, we hold, are consistent with the principles that underpin our Nation’s tradition of firearm regulation. Whether to adopt them is thus a decision reposed in our elected representatives, and we reverse," the decision declared.
Chief Judge Michael Brennan dissented from the panel's decision.
{{#rendered}} {{/rendered}}"Our Nation’s enduring traditions forbid governments from prohibiting firearms commonly owned for self-defense. Because the people have overwhelmingly chosen the AR-15 rifle and its magazine as their weapon of choice, they are protected by the Second Amendment," Brennan wrote.
"Illinois’s ban goes too far and should be enjoined as unconstitutional. I respectfully dissent," he noted.
Illinois Gov. JB Pritzker, a Democrat who signed the controversial law in early 2023, hailed the court's decision.
{{#rendered}} {{/rendered}}Illinois Gov. JB Pritzker holds a news conference in Chicago, Wednesday, June 24, 2026, to sign the Reproductive Health Records Privacy Act (HB 5295) into law. (Terrence Antonio James/Chicago Tribune/Tribune News Service via Getty Images)
"BREAKING: The 7th Circuit Court of Appeals upheld the Protect IL Communities Act. Illinois will continue banning assault weapons and high-capacity magazines capable of inflicting mass casualties. A victory in the fight to end gun violence that helps keep our communities safe," the governor said in a Thursday post on X.
State Attorney General Kwame Raoul also celebrated the decision.
{{#rendered}} {{/rendered}}"This is a win that enhances public safety in Illinois. We have seen the damage that assault weapons and large-capacity magazines can inflict, and these weapons of war have no place in our communities," he said in a Thursday statement. "My office has successfully defended the state’s prohibition on these weapons in both state and federal court, and I am immensely proud of the hardworking attorneys in my office who have worked diligently to preserve this critical public safety measure."
Stag Arms AR-15 style semi-automatic rifles are displayed during the National Rifle Association (NRA) Annual Meeting at the George R. Brown Convention Center, in Houston, Texas on May 28, 2022. (PATRICK T. FALLON/AFP via Getty Images)
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{{#rendered}} {{/rendered}}The National Shooting Sports Foundation (NSSF) was displeased by the decision.
"NSSF is a plaintiff in this case and plans on filing a cert petition with the U.S. Supreme Court," the group noted in a statement on Thursday.