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
U.S. Senate Forced to Remove Pro-Gun Language from Reconciliation Bill

News  

Friday, June 27, 2025

U.S. Senate Forced to Remove Pro-Gun Language from Reconciliation Bill

Today, the U.S. Senate was forced to remove the pro-gun language that had been previously included in the Reconciliation Bill currently making its way through the chamber. We explained in a previous article that this language would, ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

News  

Monday, June 23, 2025

U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

In a single sentence, the U.S. Court of Appeals for the Fifth Circuit added to the high-profile and consequential national conversation on firearm suppressors.

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

News  

Saturday, June 28, 2025

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

Overnight, the U.S. Senate added pro-gun tax relief language back into the Reconciliation bill after the Senate Parliamentarian struck out an earlier provision.  While this new provision is not as expansive as the language we advocated for which ...

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

Minnesota: Shotgun-Only Hunting Zones Repealed

Friday, June 20, 2025

Minnesota: Shotgun-Only Hunting Zones Repealed

On Monday, June 9th, outside of regular session, the Senate passed the Environment Omnibus bill, removing shotgun-only hunting zones in the state. 

Ninth Circuit Strikes Down CA’s One-Gun-A-Month Law

Friday, June 20, 2025

Ninth Circuit Strikes Down CA’s One-Gun-A-Month Law

Today, the Ninth Circuit Court of Appeals held that California’s law prohibiting people from buying more than one firearm in a 30-day period violates the Second Amendment.

Michigan: Senate Passes Anti-Gun Bills—Now Headed to the House

Wednesday, June 25, 2025

Michigan: Senate Passes Anti-Gun Bills—Now Headed to the House

Earlier today, the Michigan Senate passed several anti-gun bills that threaten the rights of law-abiding gun owners. These bills will now move to the House where they will await a committee assignment for further consideration. ...

Switched Off: A Case Study on Minnesota’s Illegal Machine Gun Law

News  

Monday, June 23, 2025

Switched Off: A Case Study on Minnesota’s Illegal Machine Gun Law

There’s been a lot of noise of late about auto sears or so-called “Glock switches” – devices to convert a semiautomatic firearm into an automatic weapon. 

Virginia: Gun Control Bills Pass General Assembly, Head to Youngkin's Desk

Friday, February 14, 2025

Virginia: Gun Control Bills Pass General Assembly, Head to Youngkin's Desk

It has been a busy week in Richmond, and not for the right reasons. The House has passed a slew of anti-gun legislation, and these bills will now be transmitted to Governor Youngkin's office

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.