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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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Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

News  

Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

News  

Monday, March 16, 2026

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

More proof (as if any was needed) has emerged that the Canadian gun ban and confiscation is a massive administrative, practical and economic debacle.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

Colorado: "FFL-Killer" Bill in House Committee on Monday

Friday, March 13, 2026

Colorado: "FFL-Killer" Bill in House Committee on Monday

On Monday, March 16th, the House State, Civic, Military, & Veterans Affairs Committee will hold a hearing on Senate Bill 26-043, the FFL-Killer bill.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

California: Public Safety Committees Set to Hear Multiple Firearm Bills

Tuesday, March 10, 2026

California: Public Safety Committees Set to Hear Multiple Firearm Bills

On Tuesday, March 17th at 8:30 AM, the Assembly Committee on Public Safety will hear Assembly Bill 1753 pertaining to gun violence restraining orders and Assembly Bill 1948, extending the validity concealed carry permit. Additionally ...

Tennessee: Senate Floor Vote Tomorrow

Wednesday, March 11, 2026

Tennessee: Senate Floor Vote Tomorrow

On Thursday, March 12th, the Senate is expected to vote on SB 3050, protecting tenants Second Amendment rights. Please contact your Senator and urge them to SUPPORT SB 3050 by using the TAKE ACTION button below.

Minnesota: Senate Judiciary Suppresses Opposition Testimony and Advances Gun Control Wish List

Monday, March 16, 2026

Minnesota: Senate Judiciary Suppresses Opposition Testimony and Advances Gun Control Wish List

On Friday, March 13th, the Senate Judiciary and Public Safety Committee held a hearing on the gun grabbers wish list, including semi-automatic bans, magazine capacity limits, and concealed carry restrictions. 

Minnesota: Onslaught of Gun Control Bills Scheduled for Friday

Wednesday, March 11, 2026

Minnesota: Onslaught of Gun Control Bills Scheduled for Friday

On Friday, March 13th, the Senate Judiciary and Public Safety Committee will hold a hearing on the gun grabbers wish list, including semi-automatic bans, magazine capacity limits, and concealed carry restrictions. Please contact members of ...

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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.