Judge Stephen P. McGlynn, of the Southern District of Illinois, said the law known as the Protect Illinois Communities Act is likely to be found unconstitutional when the case goes to trial and the plaintiffs in the consolidated cases will suffer harms without a preliminary injunction to block its enforcement.
"More specifically, can PICA be harmonized with the Second Amendment of the United States Constitution and with Bruen?" McGlynn asked rhetorically in the opinion."That is the issue before this Court. The simple answer at this stage in the proceedings is 'likely no.'" Based on other recent U.S. Supreme Court cases, McGlynn said the state needed to show that the items being banned are not in"common use" and that they are the types of firearms that have been regulated historically.
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