This Challenge To Illinois’ Gun Law Tees Up SCOTUS To Finally Nuke ‘Assault Weapons’ Bans

Illinois’ recently enacted ban on most semi-automatic rifles and so-called “high-capacity” According to a lawsuit, magazines infringe the Second Amendment. filed Tuesday in a federal District Court. This is the case. Harrel v. RaoulThis is one of the most important challenges for so-called “First Responders.” “assault-weapons” Since the Supreme Court 2022 decision in New York State Rifle v. Bruen It was made very clear that the right of bear arms is not an absolute right “a second-class right.” 

Here’s what you need to know about the case and current Second Amendment jurisprudence.

Illinois passed a ban on manufacturing, delivery, sale and purchase of so-called “so-called” products on Jan. 10, 2023. “assault weapons,” It is defined in statute to include any semiautomatic rifle “with the capacity to accept a magazine holding more than ten rounds of ammunition,” If the rifle has any of the following features: “a pistol grip or thumbhole stock,” A “folding, telescoping, thumbhole, or detachable stock,” Oder a “flash suppressor.” A number of rifles that are specifically prohibited by the Illinois law are also listed in the statute. “assault weapons,” All AK-type rifles and all AR-type rifles are included.

Illinois’ recently enacted statute also makes it a crime to “manufacture, deliver, sell, purchase,” Or “possess” The state has branded magazines as “large capacity ammunition” Devices are also known colloquially under the name “devices”. “large-capacity magazines.” This statute defines magazines as “large capacity” If they can carry more than, “10 rounds of ammunition for long guns and more than 15 rounds of ammunition for handguns.” 

A group of individuals, gun companies, and private organisations, including the Second Amendment Foundation and the Illinois State Rifle Association and the Firearms Policy Coalition filed suit against the Illinois attorney General and several state attorneys and law enforcement agents on Tuesday. They claimed that the statute violates The Second Amendment. The case was assigned to Stephen P. McGlynn (a Donald Trump appointee) on Wednesday.

David G. Sigale (lead attorney for plaintiffs) told The Federalist that he expects to seek a temporary restraining or preliminary injunction. “very soon,” Noting that the statute was in force since Jan. 10, 2010, when the governor signed it. 

Plaintiffs need to prove that they have a temporary injunction or restraining order. “a likelihood of success on the merits,” This means that they are likely to prevail on their claim of Illinois law violation of the Second Amendment. 

Return to the Founding

While several federal appellate courts held similar bans on assault weapons to be constitutional, the U.S. Supreme Court ruled in June 2022 that they were. Bruen It was held that appellate courts had been using an inadvertent legal standard when deciding whether a challenged statute violates Section 2. The Supreme Court then declared that the proper test for assessing whether a law impermissibly infringes on an individual’s Second Amendment right is whether the government can “affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear

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