Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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.

TRENDING NOW
California: Bill to Restrict Self Defense Rights Introduced in Legislature

Friday, February 28, 2025

California: Bill to Restrict Self Defense Rights Introduced in Legislature

The California legislative session is currently underway and anti-gun lawmakers are once again wrongly focusing on law-abiding citizens instead of focusing on actual criminals.

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

The Hearing Protection Act Introduced in the 119th Congress

News  

Wednesday, February 5, 2025

The Hearing Protection Act Introduced in the 119th Congress

U.S. Representative Ben Cline (R-VA-06) and U.S. Senator Mike Crapo (R-ID) recently reintroduced the Hearing Protection Act (H.R. 404/S. 364) in the 119th Congress. This commonsense legislation will give gun owners and hunters the opportunity to ...

New Mexico: Semi-Auto Ban Hearing on Monday!

Saturday, March 1, 2025

New Mexico: Semi-Auto Ban Hearing on Monday!

Yesterday afternoon, Senate Judiciary Chair, Senator Joseph Cervantes, announced plans to hear SB 279 (GOSAFE) on Monday at 1:30 PM.

Colorado: Semi-Auto Ban Turned FOID Bill Removed from Hearing Schedule

Monday, February 24, 2025

Colorado: Semi-Auto Ban Turned FOID Bill Removed from Hearing Schedule

Today, Senate Bill 25-003, the near all-encompassing semi-automatic ban turned permit-to-purchase scheme, was removed from the hearing scheduled in the House Judiciary on March 4th.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Wednesday, February 26, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to hear a challenge to New York’s “Concealed Carry Improvement Act.”

Wyoming: Gun-Free Zone Repeal Goes Into Law Without Governor Gordon's Signature

Friday, February 28, 2025

Wyoming: Gun-Free Zone Repeal Goes Into Law Without Governor Gordon's Signature

On the evening of Thursday, February 27th, Governor Mark Gordon announced that he will let House Bill 172, the "Wyoming Repeal Gun Free Zones Act," become law without his signature. 

Connecticut: Legislation Would Raise Magazine Restrictions From 10 to 15 Rounds

Thursday, February 27, 2025

Connecticut: Legislation Would Raise Magazine Restrictions From 10 to 15 Rounds

On Thursday, February 27, the Public Safety and Security Committee held a hearing on several bills, including House Bill 7052, which would raise the magazine restriction limit from 10 rounds to 15 rounds.

Colorado: More Gun Control Moves in the House

Tuesday, February 25, 2025

Colorado: More Gun Control Moves in the House

Late last night, House Bill 25-1133, which places age restrictions on all ammunition purchases, passed on the House floor with bipartisan opposition.

Court Dismisses “Lawfare” Claims Against Maryland Gun Dealers

News  

Monday, February 24, 2025

Court Dismisses “Lawfare” Claims Against Maryland Gun Dealers

“Lawfare” is the misuse of the legal system to damage political or business opponents, either through frivolous lawsuits in which the cost of defending becomes too much to bear or through the pursuit of political ...

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.