Divided Seventh Circuit upholds Illinois ban on AR-15-style rifles and large-capacity magazines

In a closely watched Second Amendment decision, a divided U.S. Court of Appeals for the Seventh Circuit has upheld Illinois’ ban on so-called assault weapons and large-capacity magazines, reversing a district court ruling that had found key provisions of the law unconstitutional.

The consolidated appeals, including Federal Firearms Licensees of Illinois v. Pritzker and Barnett v. Raoul, challenge the Protect Illinois Communities Act (PICA), which Illinois enacted in 2023 following the mass shooting at a Fourth of July parade in Highland Park. The law prohibits the sale and, with limited exceptions, the possession of certain semiautomatic firearms, including many AR-15-style rifles, as well as magazines capable of holding more than 10 rounds for long guns and more than 15 rounds for handguns.

Writing for the majority, Judge Amy J. St. Eve concluded that the firearms and magazines covered by the law fall outside the scope of the Second Amendment’s protection because they are designed for military-style offensive use rather than the core constitutional purpose of armed self-defense. Even assuming the Second Amendment applies, the court held that the law is consistent with the nation’s historical tradition of regulating particularly dangerous weapons.

The ruling Wednesday reversed a decision by U.S. District Judge Stephen P. McGlynn, who had concluded that the challenged provisions likely violate the Second Amendment under the Supreme Court’s framework established in New York State Rifle & Pistol Association v. Bruen.

Judge Michael B. Brennan dissented, arguing that the majority departed from the Supreme Court’s recent Second Amendment precedents. He contended that AR-15-style rifles and the magazines at issue are commonly owned by law-abiding Americans for lawful purposes, including self-defense, and therefore fall within the Second Amendment’s protection. Brennan further argued that Illinois failed to identify historical analogues sufficient to justify such a broad prohibition.

The decision marks a major victory for Illinois Governor J.B. Pritzker and Attorney General Kwame Raoul, who have defended PICA as a constitutional response to mass shootings. Gun rights organizations that challenged the law are expected to seek further review, either from the full Seventh Circuit or the U.S. Supreme Court.

Illinois’ ban will remain in effect while any further appeals proceed.