DOJ Declares Illinois’ Draconian Gun Control Violates Second Amendment in a move that could have sweeping implications for state-level gun bans across the country. The Department of Justice (DOJ) filed a forceful amicus brief with the Seventh Circuit Court of Appeals, opposing Illinois’ sweeping ban on modern sporting rifles and standard-capacity magazines. The brief supports a broader national effort to reinforce the constitutional protections guaranteed by the Second Amendment.
The DOJ’s position aligns with a growing chorus of civil rights advocates, legal scholars, and gun rights groups who argue that Illinois’ Protect Illinois Communities Act (PICA)—signed into law by Governor J.B. Pritzker (D) in January 2023—violates constitutional protections. The law bans the sale, possession, and transfer of numerous semi-automatic rifles, despite the fact that nearly 30 million Americans lawfully own these commonly used firearms.
This development follows a contentious judicial back-and-forth. A lower court judge, Stephen McGlynn, had issued a preliminary injunction against the law, temporarily halting enforcement. However, the Seventh Circuit reversed that decision and allowed the ban to move forward—sparking backlash and immediate appeals from gun rights organizations.
The DOJ’s intervention comes as part of a broader effort stemming from former President Donald Trump’s executive orders to protect the Second Amendment. By declaring Illinois’ law unconstitutional, the DOJ is making clear that it believes the state overstepped its authority in criminalizing commonly owned firearms that are neither “dangerous” nor “unusual”—the key criteria laid out by the Supreme Court in the landmark Heller and Caetano decisions.
Gun Rights Groups Mobilize to Challenge Illinois Ban in Court
As DOJ Declares Illinois’ Draconian Gun Control Violates Second Amendment, gun rights organizations are intensifying their legal efforts to strike down what they consider one of the most aggressive firearm bans in the country. The Second Amendment Foundation (SAF) is among the most active, currently involved in seven separate lawsuits across the nation challenging similar bans.
SAF Executive Director Adam Kraut didn’t mince words: “The modern semi-automatic rifles banned in Illinois are among the most commonly owned firearms in the country, placing them well within the protection of the Second Amendment.” Kraut and others argue that the state’s attempt to classify these widely used firearms as assault weapons is a deliberate distortion of both legal precedent and constitutional interpretation.
Under the Supreme Court’s Heller decision, any firearm in common use by law-abiding citizens for lawful purposes—such as self-defense, hunting, or sport shooting—is protected. With tens of millions of AR-15-style rifles and other semi-automatics in circulation, these firearms clearly fall into the category of “common use,” making them eligible for Second Amendment protections.
The Illinois law’s opponents also point to its arbitrary nature. Not only does it ban firearms based on cosmetic features rather than functionality, but it also criminalizes ownership with no grandfathering provision or practical path to legal compliance for existing owners. The law appears more focused on political posturing than genuine crime prevention, critics say.
A Pivotal Moment for Constitutional Rights and Legal Precedent
That DOJ Declares Illinois’ Draconian Gun Control Violates Second Amendment signals a potential turning point in the national debate over firearm regulation. With the federal government now weighing in against one of the most restrictive gun laws in the country, the path to judicial resolution may become clearer.
Legal experts predict that the Supreme Court may eventually have to weigh in on Illinois’ ban, given the conflict between lower courts and the foundational Heller precedent. If that happens, the justices will be forced to decide whether states can effectively nullify the Second Amendment through sweeping bans on commonly owned weapons.
For now, the DOJ’s brief is a welcome affirmation for millions of gun owners who feel their rights are under siege in anti-gun jurisdictions. It underscores the importance of ongoing legal action and reinforces the need for judicial clarity on what the Constitution truly protects.
As the court battle plays out, one thing is certain: this is not just about Illinois. It’s about whether constitutional rights are truly consistent across all 50 states—or whether they can be rewritten by executive pens and political agendas.
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