Case challenging state gun ban underway in Southern Illinois

(The Center Square) – The bench trial for the challenge to Illinois’ gun and magazine ban continues in East St. Louis.

Illinois enacted a ban on semi-automatic firearms and magazines over certain capacities in January 2023. Lawsuits challenging the law in federal court went all the way up to the U.S. Supreme Court on preliminary grounds. Justices denied the request, saying they wanted a full case on final judgment.

Monday began the trial to get to final judgment in the courtroom of federal Judge Stephen McGlynn.

Scott Pulaski, owner of Piasa Armory, was the first to testify for the plaintiffs.

“Plaintiffs would love to show that people use these for all kinds of lawful purposes,” Pulaski said after testifying. “The defense would love to show that it’s not even fit for anything other than self defense and is more of a military firearm that’s not suitable for personal protection or defense.”

Pulaski said as a firearms dealer, they’ve lost up to 30 percent of their business because of the ban.

Plaintiffs argue the state can’t ban commonly owned firearms. The state says such firearms like the AR-15 are too similar to military weapons and must be banned. During the first day of the bench trial for final judgment in East St. Louis Monday, retired Marines Gunner Jeff Eby testified that premise is flawed. He said semi-automatic only firearms are no good for military use.

“Imagine this building right behind you, there’s probably 50 different aim points right there from the rooftop to every window to every doorway and I have to cover every one of those simultaneously for one person to move 10 feet,” Eby said after testifying. “I can’t do that if you’re going to limit my options to just semi-auto.”

Eby said he recommends an AR-15 over a handgun or shotgun for home defense as the rifle has the best aim and ease of use.

The trial continues in the Southern District of Illinois federal court Tuesday.