DOJ sues Colorado Illinois PICA ban — federal challenge expands

The Trump administration escalated its assault on state-level rifle bans this week, filing federal lawsuits against Colorado and the District of Columbia that mirror the constitutional arguments we've been making against Illinois' PICA ban for three years. The DOJ's Colorado lawsuit specifically targets that state's recent "assault weapons" ban, arguing it violates the Second Amendment under the Supreme Court's Bruen standard.

Colorado ban follows Illinois PICA playbook exactly

Colorado's ban reads like a carbon copy of Illinois' PICA legislation. It prohibits the manufacture, transfer, and possession of semi-automatic rifles based on cosmetic features, includes the same arbitrary magazine capacity limits, and creates the same grandfather exceptions that turn law-abiding citizens into potential criminals overnight. The DOJ's complaint argues these restrictions fail constitutional scrutiny because similar weapons weren't historically regulated when the Second Amendment was ratified.

That's the identical argument we've been pressing in Bevis v. City of Naperville since 2022. The federal government is now making our case for us in federal court, using the same Bruen framework that should invalidate Illinois' parallel restrictions.

Federal enforcement creates new pressure on Illinois

When the DOJ sued Virginia last week over similar restrictions, it sent a clear message to every state with an "assault weapons" ban: the federal government will challenge these laws in federal court. Illinois Attorney General Kwame Raoul now faces the prospect of defending PICA against both our ongoing litigation and potential federal enforcement action.

"The Justice Department will not tolerate state and local laws that violate Americans' constitutional right to keep and bear arms," the DOJ stated in its Colorado filing.

This puts enormous pressure on Illinois officials who have spent three years defending an increasingly indefensible law. Federal litigation moves faster than state court challenges, and the DOJ has resources that private plaintiffs can't match. Illinois gun owners could see relief from multiple directions simultaneously.

Seventh Circuit timing becomes critical

Our case remains pending before the Seventh Circuit, where DOJ attorney Harmeet Dhillon argued on our behalf last year. The federal government's new aggressive posture on state rifle bans strengthens every pending Second Amendment challenge, including ours. Courts across the country are now seeing consistent federal enforcement of Bruen's historical test against laws that ban commonly owned firearms.

The Colorado lawsuit specifically cites the Supreme Court's recent emphasis on historical tradition, arguing that semi-automatic rifles are in common use for lawful purposes and weren't subject to similar prohibitions at the founding. That's precisely what we've argued about PICA since day one — these rifles are standard firearms that Illinois cannot constitutionally ban.

Illinois gun owners should watch for federal action

While the DOJ hasn't announced a lawsuit against Illinois yet, the pattern is clear. Virginia, Colorado, and DC all received federal challenges within days of each other. Illinois' PICA ban is functionally identical to the laws the federal government is now actively challenging in court. The question isn't whether Illinois will face federal scrutiny — it's when.

As of this writing, our Seventh Circuit case continues moving forward while these federal challenges develop. Illinois gun owners are closer to constitutional relief than they've been since PICA passed, with potential victories coming from both directions.

One ruling at a time, we're getting there.

— Robert Bevis, Law Weapons & Supply