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Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

In a thorough, 168-page opinion, the district court applied the Supreme Court’s text-and-history test for Second Amendment challenges, as interpreted by the Seventh Circuit Court of Appeals.

Starting with the text, because the Supreme Court has stated that “common” arms are protected by the Second Amendment, but “dangerous and unusual” arms are not, the district court defined those terms. A “dangerous” arm, the court determined, is one “that a typical operator cannot reasonably control to neutralize discrete, identified aggressors.” An “unusual” arm is “an arm deploying an atypical method to neutralize an opponent in confrontation or that deploys a neutralizing agent that is caustic, incendiary, noxious, poisonous, or radioactive.” And a “common” arm encompasses “any bearable rifle, shotgun, or pistol that is capable of semiautomatic fire and is or has been available for purchase, possession, and usage by law-abiding citizens for self-defense, provided that it is not otherwise ‘dangerous and unusual.’” Applying these definitions, the court concluded that the banned “assault weapons” and “large-capacity magazines” are common arms covered by the Second Amendment.

Proceeding to its historical analysis, the court emphasized the importance of the right to keep and bear arms at the time of our nation’s Founding, and then considered traditional regulations on that right. Ultimately, the court found no historical regulations that could justify PICA’s restrictions.

In conclusion, the court denounced “those who seek to usher in a sort of post-Constitution era where the citizens’ individual rights are only as important as they are convenient to a ruling class,” and ruled 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.”

The court did issue a 30-day stay, however, to allow the government an opportunity to appeal.  

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit https://www.nraila.org/legal-legislation/current-litigation/ to keep up to date on NRA-ILA’s ongoing litigation efforts.

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North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Federal Court Strikes Down Biden Administration’s “Engaged in the Business” Rule in NRA Case

Thursday, October 2, 2025

Federal Court Strikes Down Biden Administration’s “Engaged in the Business” Rule in NRA Case

Yesterday, in Butler v. Bondi, the U.S. District Court for the Northern District of Alabama held that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority by issuing its 2024 Final Rule expanding ...

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

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Monday, October 6, 2025

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California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

President Trump’s GOP Leads Polling on Crime and Guns, To No Surprise

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Monday, October 6, 2025

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NRA Files Amicus Brief in Fifth Circuit Case Challenging the Federal Switchblade Act

Friday, October 3, 2025

NRA Files Amicus Brief in Fifth Circuit Case Challenging the Federal Switchblade Act

Yesterday, the National Rifle Association filed an amicus brief in Knife Rights, Inc. v. Bondi, urging the Fifth Circuit Court of Appeals to reverse the U.S. District Court for the Northern District of Texas’s decision upholding the Federal ...

Trump Administration Repeals Biden Era Firearms Export Crackdown

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Monday, October 6, 2025

Trump Administration Repeals Biden Era Firearms Export Crackdown

Last Monday, the Bureau of Industry and Security (BIS) at the U.S. Department of Commerce published a final rule that reversed a crackdown on the commercial export of firearms from the U.S. to other countries.

Trust in Mass Media Craters to New Lows, in Single Digits With Republicans

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Monday, October 6, 2025

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There’s an old saying that rings especially true to Second Amendment supporters: If you don’t read the news, you’re uninformed.

Alphabet Eases the Reins on Censorship; Will Gun Content Eventually Benefit?

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Tuesday, September 30, 2025

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With the free speech debate recently co-opted by one TV host’s use of false and incendiary remarks about his political opponents, it might have been easy to miss another important First Amendment story last week. 

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

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Monday, September 29, 2025

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U.S. Supreme Court Agrees to Hear Challenge to Hawaii’s Private Property Default Carry Ban

Friday, October 3, 2025

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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.