In a stunning development, 35 state’s attorneys, representing about a third of Illinois’ 102 counties, have publicly declared they will not enforce the state’s controversial “assault weapons” ban. As reported by Guns & Gadgets host Jared Yanis and The Center Square’s Greg Bishop, this coalition of prosecutors has filed a joint amicus brief with the Seventh Circuit Court of Appeals, calling the Protect Illinois Communities Act (PICA) a blatant violation of the Second Amendment.
The Law That Started It All
PICA, passed in January 2023 during a lame-duck session of the Illinois legislature, bans the possession, sale, and transfer of certain semi-automatic rifles and firearm accessories deemed “assault weapons.” According to Yanis, the law’s criteria are mostly cosmetic, banning rifles based on features like pistol grips, adjustable stocks, and flash suppressors. It also limits magazines to 10 rounds and raises the minimum firearm purchase age to 21. Critics argue it targets the most commonly owned firearms in the country.
Prosecutors Push Back
Jared Yanis reports that Madison County State’s Attorney Tom Haine spearheaded the legal push, bringing together prosecutors from 34 other counties. These attorneys aren’t just filing paperwork – they’re openly saying they won’t prosecute people under the new law. “We took an oath to uphold the Constitution,” Yanis quoted Haine, “and this ain’t it.” Prosecutors from places like Jersey, Calhoun, and Vermilion counties are standing their ground, arguing that the law unfairly criminalizes lawful gun owners.
DOJ Enters the Chat – On the Side of Gun Owners
Even more surprising, the U.S. Department of Justice filed an amicus brief siding against the Illinois law. Greg Bishop emphasized how rare this is – DOJ support typically flows toward more regulation, not less. But in this case, the DOJ’s civil rights team argued that banning commonly owned firearms like AR-15s violates the Second Amendment. They cited District of Columbia v. Heller and NYSPRA v. Bruen, both landmark Supreme Court cases, to support their position.
Judge McGlynn’s Powerful Ruling
At the district court level, Judge Stephen McGlynn ruled last fall that PICA was unconstitutional. He conducted a four-day bench trial, which Greg Bishop attended in person. McGlynn found that AR-15-style rifles are not military weapons but are widely owned by civilians for lawful purposes. He also rejected the argument that there’s historical precedent for such bans, stating that no founding-era analog exists to justify a law this broad.
Appeals Court Puts the Ruling on Hold
Despite McGlynn’s ruling, the Seventh Circuit Appeals Court put his decision on hold, pending further review. Bishop noted the frustration from plaintiffs, who argued the appeals court dragged its feet for months without a briefing schedule. That schedule is finally underway, and with both the DOJ and 35 state prosecutors weighing in, pressure is building for a decision. Oral arguments are expected later this year.
Pritzker Dismisses the Opposition
Illinois Governor JB Pritzker, who signed PICA into law, brushed off the DOJ’s and prosecutors’ opposition. When asked for comment, he claimed the current administration “obviously doesn’t understand the damage” caused by a lack of assault weapons bans. He cited the national ban from the 1990s, saying it reduced killings, though Bishop noted many are disputing that claim and asking for a deeper statistical review.
Jared Yanis: “This Is the Case the Supreme Court Is Waiting For”
In his report, Yanis pointed to Supreme Court Justice Brett Kavanaugh’s past comments about hearing a modern Second Amendment case. He believes the Illinois case – now backed by DOJ filings, a federal judge’s ruling, and a record-rich trial – could be the one SCOTUS chooses. “This case is national,” Yanis said. “If it stands, other blue states will try the same thing. If it falls, it could stop the dominoes from tipping any further.”
What Does This Mean for Gun Owners?
According to both Bishop and Yanis, Illinois residents are caught in limbo. The law is still on the books, but major players, prosecutors, and even the federal government say it shouldn’t be enforced. That legal uncertainty creates real risks for gun owners who may be criminalized for possessing something that could soon be ruled constitutionally protected. The prosecutors’ brief emphasizes the need to “defend hearth and home” with commonly owned firearms – echoing the sentiment of many law-abiding gun owners across the country.
Politics vs. Constitution
Greg Bishop noted that the legal battle is about more than guns – it’s about how far states can go in writing laws that restrict constitutional rights. While Pritzker and his allies argue it’s about public safety, the growing list of legal experts and elected officials lining up against the law suggest it’s also about government overreach. As Yanis put it, “Emotion does not override the Constitution.”
This Isn’t Just About Illinois
This moment feels bigger than one state. Seeing one-third of a state’s prosecutors openly defy their own governor is extraordinary. Watching the DOJ back a Second Amendment challenge is equally rare. Whether you agree with the politics or not, the legal framework being built here could change how courts across America handle gun laws going forward. This isn’t just about AR-15s – it’s about how tightly the government can squeeze a right that’s supposed to be non-negotiable.
What’s Next?
The appeals process continues, with another round of filings expected soon. Oral arguments will follow, and then the Seventh Circuit will decide whether to uphold or overturn PICA. If they uphold it, expect an immediate appeal to the U.S. Supreme Court. If they strike it down, other states may be forced to reconsider similar bans. Either way, this case is one to watch – and it’s far from over.
Ed spent his childhood in the backwoods of Maine, where harsh winters taught him the value of survival skills. With a background in bushcraft and off-grid living, Ed has honed his expertise in fire-making, hunting, and wild foraging. He writes from personal experience, sharing practical tips and hands-on techniques to thrive in any outdoor environment. Whether it’s primitive camping or full-scale survival, Ed’s advice is grounded in real-life challenges.