ILLINOIS — A growing coalition of Illinois counties is pushing back against the state’s assault weapons and magazine ban, as 35 state’s attorneys have filed an amicus brief urging a federal court to declare the law unconstitutional.
The legal filing, led by Madison County State’s Attorney Tom Haine, was submitted to the U.S. Court of Appeals for the Seventh Circuit. Haine and his co-signers argue the legislation infringes on constitutional rights and should be struck down immediately.
“This is about protecting the Second Amendment and ensuring that constitutional rights are not overridden by rushed legislation,” said Haine in the official announcement.
Background on the Firearm Ban
The law in question bans the sale and possession of certain semi-automatic rifles and large-capacity magazines throughout Illinois. It was enacted in response to recent high-profile shootings and signed into law in 2023 by Governor J.B. Pritzker.
However, the law has faced repeated legal challenges, with opponents claiming it is overly broad and violates both the Second and Fourteenth Amendments of the U.S. Constitution.
Earlier this year, federal Judge Stephen McGlynn ruled in favor of plaintiffs and found the ban unconstitutional, citing insufficient justification for restricting firearms commonly used by law-abiding citizens. The ruling was appealed and is now before the Seventh Circuit Court of Appeals.
Counties Behind the Challenge
The latest amicus brief includes support from prosecutors across the state who claim that the law:
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Unfairly criminalizes gun owners who have legally purchased firearms in the past.
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Creates confusion for local law enforcement agencies in rural and suburban regions.
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Fails to meaningfully reduce crime, according to their analysis.
These counties represent both rural and suburban Illinois communities, many of which have passed resolutions opposing state-level firearm restrictions.
You can view the full press release and county coalition via Madison County’s official statement.
What Happens Next?
The Seventh Circuit will now weigh the amicus filing along with the state’s appeal. A ruling could arrive later this summer, with major implications for gun legislation not just in Illinois, but nationwide.
If the ban is upheld, counties that oppose it may continue to push for carve-outs or renewed legislative efforts. If it’s overturned, the decision could send the case toward the U.S. Supreme Court.
Do you believe Illinois’ firearm laws go too far — or not far enough? Join the conversation and share your views on Chicagosuburbanfamily.com.
