Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Court Issues Order Blocking Illinois’ Ban on Commonly Owned Firearms and Magazines from Taking Effect in NRA-Backed Case.

Friday, April 28, 2023

Court Issues Order Blocking Illinois’ Ban on Commonly Owned Firearms and Magazines from Taking Effect in NRA-Backed Case.

In January, the Illinois Legislature passed the Protect Illinois Communities Act (“PICA”), which banned more than 190 commonly owned arms by mislabeling them “assault weapons” and banned commonly owned magazines by mislabeling them “large capacity.” An ILA-backed lawsuit was promptly filed, challenging PICA under the Second Amendment. Today, a federal court issued an order blocking PICA from taking effect, holding that it likely violated the Second Amendment.

“[T]here is no evidence as to how PICA will actually help Illinois Communities,” the court wrote. “It is also not lost on this Court that the Illinois Sheriff’s Association and some Illinois States Attorneys believe PICA unconstitutional and cannot, in good conscience, enforce the law as written and honor their sworn oath to uphold the Constitution.” The court continued, “it does not appear that the legislature considered an individual’s right under the Second Amendment nor Supreme Court precedent. Moreover, PICA did not just regulate the rights of the people to defend themselves; it restricted that right, and in some cases, completely obliterated that right by criminalizing the purchase and the sale of more than 190 ‘arms.’”

The court was even more critical of the arguments that the state put forward in defense of PICA. The state argued that PICA was constitutional because the arms and magazines that it banned did not exist in 1791 when the Constitution was ratified. The court called that argument “bordering on the frivolous.” The state also attempted to argue that magazines were not “arms.” The court squarely rejected that argument, declaring that it was “not even a close call” because the state’s “own expert incorporates magazine capacity into his definition of a firearm.” And the court found that when it comes to the banned features that make the firearm a so-called assault weapon “the defensive application is obvious, as is the public safety advantage in preventing stray shots.”

The court ultimately stayed the law from taking effect during the pendency of the litigation.

The case is captioned Barnett v. Raoul. It was filed in the Southern District of Illinois on behalf of individual plaintiffs and the National Shooting Sports Foundation and financially supported by the NRA.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

 

TRENDING NOW
Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

News  

Monday, May 5, 2025

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

On April 30, Sen. Adam Schiff (D-Calif.) introduced the so-called “Assault Weapons Ban of 2025.” Picking up where his predecessor Dianne Feinstein left off, Schiff’s legislation would ban commonly-owned semi-automatic firearms, such as the AR-15.

Partisan Due Process Renaissance Excludes American Gun Owners

News  

Monday, May 5, 2025

Partisan Due Process Renaissance Excludes American Gun Owners

An observer of American political discourse can’t go anywhere these days without being bombarded by reproachful references to the importance of “due process.”

Kansas Supreme Court Enforces PLCAA in High Profile Case

News  

Monday, May 5, 2025

Kansas Supreme Court Enforces PLCAA in High Profile Case

Last week, the Kansas Supreme Court upheld a significant district court dismissal in Johnson v. Bass Pro Outdoor World, LLC, deciding that Bass Pro Outdoor World and Beretta USA/Beretta Italy cannot be sued by a man who ...

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

News  

Monday, May 5, 2025

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

It has, in theory, always been the sworn duty of the U.S. Department of Justice (DOJ) to uphold the constitutional rights of American citizens and to affirmatively protect fundamental liberties. 

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

I’d Like a McHurry, Please, with a Side of No Time to Spare

News  

Monday, May 5, 2025

I’d Like a McHurry, Please, with a Side of No Time to Spare

Market research indicates that most adults (42%) who eat at McDonald’s and similar fast-food restaurants expect to receive their food within a maximum of five minutes after ordering, while for seven percent of respondents, the “fast” in ...

Rep. Sheri Biggs Introduces Bill to Ease Shotgun Purchases

News  

Thursday, May 1, 2025

Rep. Sheri Biggs Introduces Bill to Ease Shotgun Purchases

On April 28, 2025, Representative Sheri Biggs (R-SC-03) reintroduced the No Frivolous Applications for Short-Barreled Shotguns (NFA SBS) Act (H.R. 3034). This legislation removes short-barreled shotguns from the National Firearms Act so that they will be treated ...

Illinois Appellate Court Upholds FOID Act in NRA-Backed Challenge

Thursday, May 1, 2025

Illinois Appellate Court Upholds FOID Act in NRA-Backed Challenge

Under the Firearm Owners Identification Card Act (FOID Act), Illinois requires a license and imposes fees to acquire and possess firearms.

Rep. Sheri Biggs Introduces Legislation to Ensure Ability to Ship Firearms

News  

Thursday, May 1, 2025

Rep. Sheri Biggs Introduces Legislation to Ensure Ability to Ship Firearms

On April 28, 2025, Representative Sheri Biggs (R-SC-03) introduced the Protecting the Mailing of Firearms Act (H.R. 3033). This legislation will remove the arbitrary prohibition on the mailing of handguns and ammunition via the United States Postal ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.