In a 29 page update filed today, the Protect Illinois Communities Act (PICA) was halted by District Judge McGlynn,
Plaintiffs have satisfied their burden for a preliminary injunction. They have
shown irreparable harm with no adequate remedy at law, a reasonable likelihood of
success on the merits, that the public interest is in favor of the relief, and the balance
of harm weighs in their favor. Therefore, the Plaintiffs’ motions for preliminary
injunction are GRANTED. Defendants are ENJOINED from enforcing Illinois
statutes 720 ILCS 5/24-1.9(b) and (c), and 720 ILCS 5/24-1.10, along with the PICA
amended provisions set forth in 735 ILCS 5/24-1(a), including subparagraphs (11),
(14), (15), and (16), statewide during the pendency of this litigation until the Court
can address the merits.
A choice piece from the injunction should put each and every state with an assault weapon ban on notice too.
It is also
uncontroverted that many of the banned modifiers, including but not limited to pistol
grips, protruding grips, flash suppressors, and shrouds, have legitimate purposes
that assist law-abiding citizens in their ability to defend themselves. The other side
is less clear – there is no evidence as to how PICA will actually help Illinois
Communities. It is also not lost on this Court that the Illinois Sheriff’s Association
and some Illinois States Attorneys believe PICA unconstitutional and cannot, in good
conscience, enforce the law as written and honor their sworn oath to uphold the
Constitution.
In no way does this Court minimize the damage caused when a firearm is used
for an unlawful purpose; however, this Court must be mindful of the rights
guaranteed by the Constitution. While PICA was purportedly enacted in response to
the Highland Park shooting, it does not appear that the legislature considered an
individual’s right under the Second Amendment nor Supreme Court precedent.
Moreover, PICA did not just regulate the rights of the people to defend themselves; it
restricted that right, and in some cases, completely obliterated that right by
criminalizing the purchase and the sale of more than 190 “arms.” Furthermore, on
January 1, 2024, the right to mere possession of these items will be further limited
and restricted. See 735 ILCS 5/24-1.9(c). Accordingly, the balance of harms favors the
Plaintiffs. –Pg. 27 & 28
No longer are courts allowing the burden to be shifted around and treat the 2nd Amendment like a 2nd class right of the people, subject to the alleged whims and greater good of anti-gun politicians. Regulators wishing to ban firearms are having to put up evidence or shut up, and they don’t have the evidence.
