A federal appeals judge in Chicago on Thursday put a hold on a ruling by a lower court judge that blocked enforcement of Illinois’s assault-style weapons ban.
Appellate Judge Frank Easterbrook's stay stops the ruling by U.S. District Judge Stephen McGlynn from taking effect. Easterbrook gave both sides more time to file briefs.
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David Sigale, a lawyer for the Illinois State Rifle Association, told the Chicago Tribune that he and other lawyers challenging the restrictions would respond to Easterbrook’s decision in the coming days.
“We are hopeful that when the judge fully considers the issue in a few days after we have formally responded to the Motion for Stay, he will reconsider today’s ruling,” Sigale told the outlet via text message. “At the same time, we will be seeking to expedite the appellate process so that the matter may be heard in full as quickly as possible.”
McGlynn had granted an injunction prohibiting Illinois from enforcing its ban on several high-powered firearms and large-capacity ammunition magazines. State law also required existing owners of those types of weapons to register them with the Illinois State Police.
McGlynn wrote that "a constitutional right is at stake" and said gun rights groups had shown that a weapons ban would cause them "irreparable harm" by denying them their "right to self-defense in the manner they choose" and denying them the ability to "purchase their firearm of choice."
He also wasn't persuaded by the attorney general's argument that a weapons ban was consistent with a Supreme Court ruling that said gun laws must be historically consistent with laws.
The state's lawyers told Easterbrook that McGlynn's decision threatened "significant, irreparable harm to the public."
McGlynn's decision came after two federal judges in Chicago, hearing separate legal challenges about the gun ban, declined to issue injunctions. McGlynn noted the cases in his decision but did not follow suit.
One case was filed by a Naperville gun shop owner who challenged the legality of both a local ban and the state one. Judge Virginia Kendall denied a request from the owner, who was seeking a temporary injunction to block the ordnance from going into effect until a lawsuit seeking to overturn it made its way through the court system. Kendall ruled that both the local and state ban were "constitutionally sound."
"Illinois and Naperville compellingly argue their laws protect public safety by removing particularly dangerous weapons from circulation," she said.
The gun shop owner took his grievance to the 7th Circuit appellate court, which sided with Kendall. He has appealed the decision to the Supreme Court.
In January, the Illinois General Assembly passed a sweeping set of gun restrictions in response to several shootings at a 2022 Independence Day parade in Chicago. Prosecutors allege Robert Crimo III opened fire at the packed parade, killing seven people and injuring dozens more. He has been charged with 21 counts of first-degree murder, 48 counts of attempted murder, and 48 counts of aggravated battery with a firearm. His father, Robert Crimo Jr., has been charged with seven counts of reckless conduct causing great bodily harm for helping his son obtain a Firearm Owners Identification card.
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State Rep. Bob Morgan, the Democrat who sponsored the weapons ban legislation in the Illinois House, applauded Easterbrook’s decision.
“We know the fight isn’t over — the gun lobby will continue to try and block any common sense efforts to keep assault weapons off our streets,” Morgan said. “But we aren’t backing down, and this ruling only strengthens our resolve and confidence.”