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Illinois Gun Ban, Other State Bump Stock Bans Remain in Place

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Bump stock outfitted AR.

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An Illinois law banning the sale and use of “bump stocks” and other devices that increase the firing power of semiautomatic weapons remains in place despite the U.S. Supreme Court’s decision last week striking down a federal ban on such items.

“Illinois law is not affected by the decision,” a spokesperson for Attorney General Kwame Raoul stated to Capitol News Illinois.

This situation has sparked debate as both sides of the gun control issue await the Supreme Court’s decision on whether to hear a broader constitutional challenge to Illinois’ 2023 assault weapons ban, which includes the state-level bump stock ban. This decision could arrive in the coming days and alter the course for other state bans depending on how the Court rules.

State bans on bump stocks are still in effect. States that have enacted such bans include California, New York, New Jersey, Massachusetts, Delaware, Connecticut, Florida, Hawaii, Maryland, Vermont, Rhode Island, Minnesota, Nevada, Washington and Washington, D.C. Each of these states and the District had their laws in place prior to or independent of the federal ban.

The Illinois bump stock ban was part of a broader assault weapons ban enacted in response to the Highland Park shooting in 2022. This law bans numerous firearms defined as “assault weapons,” large-capacity magazines, and attachments that increase the rate of fire of semiautomatic firearms. The legislation, passed during a special session in January 2023, was quickly signed into law by Governor J.B. Pritzker.

Legal challenges to the Illinois law are ongoing, with mixed results in federal courts. The Seventh Circuit Court of Appeals ruled in November 2023 that the law could remain in force while challenges are being considered. The U.S. Supreme Court’s pending decision could have significant implications for the future of gun control legislation in the state and potentially nationwide.

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