Dupage Policy Journal

State Representative Dan Ugaste shared information about the ongoing legal battle over the state firearms ban, stating, "A federal judge will consider a challenge to Democrats' firearms ban this week," in a Facebook post dated September 16.

"A federal judge will consider a challenge to Democrats' firearms ban this week," said Ugaste, according to Facebook.

In Ugaste's Facebook post, he shared a link to a news article published on September 16 that discussed the start of a federal court case challenging the Illinois semiautomatic weapons ban. This is not the first time that U.S. District Judge Stephen McGlynn has ruled on a challenge to the semiautomatic weapons ban. His preliminary injunction in April 2023 was stayed, and an appeals court rejected the argument that the law violates the Second Amendment. Gun rights activists have taken their consolidated appeal to the U.S. Supreme Court this year, but the court declined to take up the case. According to Yahoo News, Justice Clarence Thomas says the court should take up the case if it comes back to them.

Screenshot of State Rep. Dan Ugaste's Sept. 16 Facebook post | State Representative Dan Ugaste's Facebook page

In his April 2023 ruling, McGlynn said that "a constitutional right is at stake," and that the law caused "irreparable harm" by denying plaintiffs in the case the ability to purchase a gun of their choice and "exercise their right to self-defense in the manner they choose," according to an April 29, 2023 Chicago Tribune article.

WBEZ Chicago reported that McGlynn expects to rule on the constitutionality of the assault weapons ban "in about a month." WBEZ also noted that he had wondered if the 1917 race riots in East St. Louis could have been prevented if the weapons currently outlawed by the state had existed and been available in 1918. The same article noted that demand for semi-automatic weapons skyrocketed after a federal ban sunsetted in 2004, according to former Remington Arms engineer Jim Rokainen. The law in question, known as Protect Illinois Communities Act, was created and passed after a shooting in Highland Park when an alleged shooter used an AR-style semi-automatic firearm.

Ugaste has represented Illinois' 65th House District since 2018. He is a former attorney and shareholder at Nyhan, Bambrick, Kinzie & Lowry, where he focused on workers' compensation defense and related litigation. Ugaste has served as President of the Lake Forest College Alumni Board and held leadership roles in various bar associations and committees. He graduated from Lake Forest High School and Lake Forest College and holds a Juris Doctorate degree from DePaul University.