FOURTH Judge Finds Illinois 'Assault Weapon Ban' Law UNCONSTITUTIONAL…

Published on February 3, 2023
Duration: 6:23

A White County, Illinois judge has ruled the state's 'assault weapon' and large capacity magazine ban unconstitutional, citing violations of the Equal Protection Clause of the Illinois State Constitution. Constitutional attorney Mark W. Smith explains that the ban improperly distinguishes between ordinary citizens and law enforcement/military personnel without sufficient justification, failing the strict scrutiny standard required for restrictions on fundamental rights. This ruling grants an injunction for the plaintiffs, representing a significant victory for Illinois gun owners.

Quick Summary

A White County, Illinois judge has ruled the state's 'assault weapon' and large capacity magazine ban unconstitutional, citing violations of the Equal Protection Clause. The ban improperly distinguished between citizens and law enforcement without justification, failing strict scrutiny. This ruling grants an injunction for plaintiffs, marking a win for Illinois gun owners.

Chapters

  1. 00:00Illinois Ban Declared Unconstitutional
  2. 00:26Introduction by Mark W. Smith
  3. 00:47Case Overview: Bailey v. Pritzker
  4. 01:29Right to Bear Arms as Fundamental
  5. 02:27Equal Protection Arguments Explained
  6. 03:35Critique of Scrutiny Tiers
  7. 04:14Judge's Findings on Strict Scrutiny
  8. 05:43Victory for 2A Rights in Illinois

Frequently Asked Questions

Which Illinois law was recently found unconstitutional by a judge?

Judge Scott Webb in White County, Illinois, declared the state's 'assault weapon' and large capacity magazine ban unconstitutional. The ruling was based on violations of the Equal Protection Clause of the Illinois State Constitution.

What legal standard was used to challenge the Illinois firearm ban?

The challenge utilized the Equal Protection Clause of the Illinois State Constitution. The court applied strict scrutiny, a high legal standard, because the right to keep and bear arms is considered a fundamental right in Illinois.

Why did the judge rule the Illinois firearm ban unconstitutional?

The judge found that the ban violated equal protection by allowing peace officers and military personnel to own banned items while prohibiting ordinary citizens, without sufficient legislative justification. This distinction failed the strict scrutiny test.

What is the immediate impact of the Illinois 'assault weapon' ban ruling?

The ruling resulted in an injunction, a temporary restraining order, against the law for the plaintiffs involved in the case. This signifies a significant legal victory for gun owners in Illinois challenging the ban.

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