SPRINGFIELD, Ill. (AP) — A federal judge on Friday overturned Illinois’ ban on semiautomatic weapons, leaning on recent U.S. Supreme Court rulings that strictly interpret the Second Amendment right to keep and bear firearms.
U.S. District Judge Stephen P. McGlynn, of the Southern District of Illinois, issued a permanent injunction he said applies universally, not just to the lawsuit’s plaintiffs. He decided, however, that the injunction would not take effect for 30 days.
Illinois Attorney General Kwame Raoul responded speedily, filing a notice of appeal Friday evening.
The Protect Illinois Communities Act, signed into law in January 2023 by Democratic Gov. J.B. Pritzker, took effect Jan. 1. It bans AR-15 rifles and similar guns, large-capacity magazines and an assortment of attachments largely in response to the 2022 Independence Day shooting at a parade in the Chicago suburb of Highland Park.
The opinion drew heavily from recent landmark Supreme Court rulings expanding on the definition of the Second Amendment's guarantees.
“Sadly, there are those who seek to usher in a sort of post-Constitution era where the citizens’ individual rights are only as important as they are convenient to a ruling class,” McGlynn wrote in his opinion. “The oft-quoted phrase that ‘no right is absolute’ does not mean that fundamental rights precariously subsist subject to the whims, caprice, or appetite of government officials or judges.”
Pritzker said he remained confident the law's supporters would prevail. Fellow Democrat Raoul filed a notice of appeal with U.S. Court of Appeals for the Seventh Circuit seeking reversal of the lower court’s order and a permanent injunction.
“Despite those who value weapons of war more than public safety, this law was enacted to and has protected Illinoisans from the constant fear of being gunned down in places where they ought to feel secure,” Pritzker spokesman Alex Gough said. “The governor is confident the constitutionality of the Protect Illinois Communities Act will be upheld through” appeal.
The law, written by Democrats who hold supermajorities in the General Assembly, came six months after a lone gunman perched atop a building fired into the Highland Park parade with a weapon similar to an AR-15, killing seven people and injuring more than three dozen.
It drew immediate scorn, not only in the form of lawsuits from gun owners and advocates, but from scores of county sheriffs who said they refused to enforce what they considered an unconstitutional law.
McGlynn, who was appointed to his post in the Southern District of Illinois by President Donald Trump during his first term, drew closely on U.S. Supreme Court rulings from the past 15 years that have solidified and more recently expanded interpretation of the Second Amendment's guarantees.
He rejected state officials' argument that the Protect Illinois Communities Act withstood constitutional tests because it addresses a new phenomenon — mass killings — and new technology — semiautomatic guns.
“While mass shootings and firearm-related deaths are universally tragic and senseless, the government has not met its burden to prove that the history and tradition of firearm regulations supports PICA’s expansive sweep, covering hundreds of models of weapons, magazines, and attachments used by tens of millions of law-abiding United States citizens,” McGlynn wrote.
Erich Pratt, senior vice president of the Gun Owners of America, which represented one of the plaintiffs in the case, said of Pritzker and Illinois lawmakers, "We warned them to fall in line, but they chose to do the opposite.
“While this case took time, we are thrilled with the victory and for the citizens of Illinois,” Pratt said. "We the people deserve the right to decide how best to protect ourselves and our loved ones, not anti-gun tyrants.”
FILE - Illinois Gov. J.B. Pritzker hugs gun control advocate Maria Pike after he signed comprehensive legislation to ban military-style firearms on Jan. 10, 2023, at the Illinois State Capitol in Springfield, Ill. (Brian Cassella/Chicago Tribune via AP, File)
FILE - Assault style weapons and hand guns are displayed for sale at Capitol City Arms Supply on Jan. 16, 2013, in Springfield, Ill. (AP Photo/Seth Perlman, File)
Azerbaijan on Thursday observed a nationwide day of mourning for the victims of the plane crash that killed 38 people and left all 29 survivors injured as speculation mounted about a possible cause of the disaster, with some experts saying that the airliner was damaged by Russian air defense fire.
Azerbaijan Airlines' Embraer 190 was en route from Azerbaijan's capital of Baku to the Russian city of Grozny in the North Caucasus on Wednesday when it was diverted for reasons yet unclear and crashed while making an attempt to land in Aktau in Kazakhstan after flying east across the Caspian Sea.
The plane went down about 3 kilometers (around 2 miles) from Aktau. Cellphone footage circulating online appeared to show the aircraft making a steep descent before smashing into the ground in a fireball. Other footage showed part of its fuselage ripped away from the wings and the rest of the aircraft lying upside down in the grass.
As the official crash investigation started, theories abounded about a possible cause, with some commentators alleging that holes seen in the plane’s tail section possibly indicate that it could have come under fire from Russian air defense systems fending off a Ukrainian drone attack.
Ukrainian drones had previously attacked Grozny, the provincial capital of the Russian republic of Chechnya, and other regions in the country’s North Caucasus. An official in Chechnya said another drone attack on the region was fended off on Wednesday, although federal authorities didn't report it.
On Thursday, national flags were lowered across Azerbaijan, traffic across the country stopped at noon, and signals sounded from ships and trains as the country observed a nationwide moment of silence.
Speaking at a news conference Wednesday, Azerbaijani President Ilham Aliyev said that it was too soon to speculate on the reasons behind the crash, but said that the weather had forced the plane to change from its planned course.
“The information provided to me is that the plane changed its course between Baku and Grozny due to worsening weather conditions and headed to Aktau airport, where it crashed upon landing,” he said.
Russia’s civil aviation authority, Rosaviatsia, said that preliminary information indicated that the pilots diverted to Aktau after a bird strike led to an emergency on board.
According to Kazakh officials, those aboard the plane included 42 Azerbaijani citizens, 16 Russian nationals, six Kazakhs and three Kyrgyzstan nationals. Russia's Emergencies Ministry on Thursday flew nine Russian survivors to Moscow for treatment.
Mark Zee of OPSGroup, which monitors the world’s airspace and airports for risks, said that the analysis of the fragments of the crashed plane indicate with a 90-99% probability that it was hit by a surface-to-air missile
Osprey Flight Solutions, an aviation security firm based in the United Kingdom, warned its clients that the “Azerbaijan Airlines flight was likely shot down by a Russian military air-defense system.” Osprey provides analysis for carriers still flying into Russia after Western airlines halted their flights during the war.
Osprey CEO Andrew Nicholson said that the company had issued more than 200 alerts regarding drone attacks and air defense systems in Russia during the war.
“This incident is a stark reminder of why we do what we do,” Nicholson wrote online. “It is painful to know that despite our efforts, lives were lost in a way that could have been avoided.”
Caliber, an Azerbaijani news website, claimed that the airliner was fired upon by a Russian Pantsyr-S air defense system as it was approaching Grozny. It questioned why Russian authorities failed to close the airport despite the drone attack on Wednesday and why they didn't allow the plane to make an emergency landing in Grozny or other Russian airports nearby after it was hit.
Asked about the claims that the plane had been fired upon by air defense assets, Kremlin spokesman Dmitry Peskov told reporters that “it would be wrong to make hypotheses before investigators make their verdict.”
Kazakhstan’s parliamentary Speaker Maulen Ashimbayev also warned against rushing to conclusions based on pictures of the plane’s fragments, describing the allegations of air defense fire as unfounded and “unethical.”
Other officials in Kazakhstan and Azerbaijan have similarly avoided comment on a possible cause of the crash, saying it will be up to investigators to determine it.
Jon Gambrell in Dubai, United Arab Emirates, and Aida Sultanova in London, contributed to this report.
In this photo provided by Azerbaijan's Presidential Press Office, Azerbaijani President Ilham Aliyev holds a meeting in Baku, Wednesday, Dec. 25, 2024 following an Azerbaijan Airlines Embraer 190 plane crash. (Azerbaijani Presidential Press Office via AP)
St. Petersburg Governor Alexander Beglov lays a bunch of flowers at the Consulate of Azerbaijan in the memory of victims of the Azerbaijan Airlines' Embraer 190 that crashed near the Kazakhstan's airport of Aktau, in St. Petersburg, Russia, Thursday, Dec. 26, 2024. (AP Photo/Dmitri Lovetsky)
Flowers and portraits are placed at the Consulate of Azerbaijan in the memory of victims of the Azerbaijan Airlines' Embraer 190 that crashed near the Kazakhstan's airport of Aktau, in St. Petersburg, Russia, Thursday, Dec. 26, 2024. (AP Photo/Dmitri Lovetsky)
In this photo taken from a video released by the administration of Mangystau region, a part of Azerbaijan Airlines' Embraer 190 lies on the ground near the airport of Aktau, Kazakhstan, on Thursday, Dec. 26, 2024. (The Administration of Mangystau Region via AP)
Azerbaijan's national flag at half-mast in the memory of victims of the Azerbaijan Airlines' Embraer 190 that crashed near the Kazakhstan's airport of Aktau, is seen in the center of Baku, Azerbaijan, Thursday, Dec. 26, 2024. (AP Photo/Aziz Karimov)
In this image taken from video released by the Russian Emergency Ministry Press Service, rescuers transport wounded passengers from a medical plane after the Azerbaijani Airline crashed, near the Kazakhstani city of Aktau, upon their arrival at the Zhukovsky airport outside Moscow, Russia, on Thursday, Dec. 26, 2024. (Russian Emergency Ministry Press Service via AP)
In this photo taken from a video released by the administration of Mangystau region, rescuers prepare to carry a wounded passenger near the Kazakhstani city of Aktau, Thursday, Dec. 26 , 2024, after a plane of Azerbaijani Airline crashed. (The Administration of Mangystau Region via AP)
In this photo provided by Azerbaijan's Presidential Press Office, Azerbaijani President Ilham Aliyev, center, holds a meeting following an Azerbaijan Airlines Embraer 190 plane crash, in Baku, Wednesday, Dec. 25, 2024. (Azerbaijani Presidential Press Office via AP)
In this image released by the Russian Emergency Ministry Press Service, rescuers carry a wounded passenger near the Kazakhstani city of Aktau, Thursday, Dec. 26 , 2024, after a plane of Azerbaijani Airline crashed. (Russian Emergency Ministry Press Service via AP)
In this image released by the Russian Emergency Ministry Press Service, rescuers prepare to carry a wounded passenger near the Kazakhstani city of Aktau, Thursday, Dec. 26 , 2024, after a plane of Azerbaijani Airline crashed. (Russian Emergency Ministry Press Service via AP)
In this photo released by Kazakhstan's Emergency Ministry Press Service, rescuers work at the wreckage of Azerbaijan Airlines Embraer 190 lays on the ground near the airport of Aktau, Kazakhstan, Thursday, Dec. 26, 2024. (Kazakhstan's Emergency Ministry Press Service via AP)
In this photo released by Kazakhstan's Emergency Ministry Press Service, rescuers work at the wreckage of Azerbaijan Airlines Embraer 190 lies on the ground near the airport of Aktau, Kazakhstan, Thursday, Dec. 26, 2024. (Kazakhstan's Emergency Ministry Press Service via AP)
The wreckage of Azerbaijan Airlines Embraer 190 lays on the ground near the airport of Aktau, Kazakhstan, Wednesday, Dec. 25, 2024. (AP Photo/Azamat Sarsenbayev)
In this photo taken from a video released by the administration of Mangystau region, the wreckage of Azerbaijan Airlines Embraer 190 lies on the ground near the airport of Aktau, Kazakhstan, Wednesday, Dec. 25, 2024. (The Administration of Mangystau Region via AP)
In this photo taken from a video released by the administration of Mangystau region, the wreckage of Azerbaijan Airlines Embraer 190 lies on the ground near the airport of Aktau, Kazakhstan, Wednesday, Dec. 25, 2024. (The Administration of Mangystau Region via AP)
