In a significant decision that maintains the status quo on gun control in Illinois, the U.S. Supreme Court has declined to intervene in the enforcement of the state's ban on assault weapons and high-capacity magazines. The refusal came without dissent from the justices, leaving the law, enacted earlier this year, in full effect.
The law, a response to a mass shooting on July 4th in Highland Park that resulted in seven deaths and numerous injuries, was part of an effort by Illinois' Democratic leadership to introduce stricter gun control measures. Governor J.B. Pritzker signed the legislation in January, which prohibits the possession, manufacture, sale, delivery, import, and purchase of assault weapons and .50 caliber rifles, as well as certain attachments, ammunition, and kits that increase the firing rate of semiautomatic firearms. The legislation also places limits on the purchase of high-capacity magazines.
The emergency ruling request to stop the enforcement of the law was brought forth by a gun rights group and a gun store owner, who argued that the ban infringes upon their Second Amendment rights. However, the Supreme Court's refusal to block the ban marks the second time the court has rejected attempts to overturn the Illinois restrictions. Despite this setback, the case may return to the Supreme Court at a later date, as litigation over the law continues in lower courts.
The plaintiffs in the case, The Law Weapons and Supply owned by Robert Bevis, and the National Association for Gun Rights, assert that the ban violates the Supreme Court's recent Second Amendment standards established in landmark rulings. They argue that the law infringes on fundamental rights, with Dudley Brown, president of the National Association for Gun Rights, stating, "Delaying a right results in its denial." He has vowed to return to the Supreme Court with further legal challenges.
Last year, the court's conservative majority ruled that new gun laws must align with historical American firearm regulations, a decision that has influenced ongoing cases nationwide. In February, a federal district judge refused to block the Illinois law or related Chicago ordinances, a ruling that was upheld last month by a three-judge panel of the Seventh Circuit Court of Appeals. When the plaintiffs asked the Supreme Court to pause enforcement while appeals proceed, claiming the restrictions cause irreparable harm to lawful gun owners, the Illinois state countered that the plaintiffs failed to meet the Supreme Court's strict criteria for emergency relief, urging the justices to deny the petition.
As the Supreme Court continues to review another case involving a federal law barring firearm possession by individuals under restraining orders, a decision expected by the end of June could further clarify the court's approach to evaluating Second Amendment challenges and gun control statutes. Meanwhile, the Justice Department has filed an amicus brief in the Seventh Circuit supporting an NRA-backed challenge to Illinois's ban on so-called "assault weapons" and "large-capacity magazines."
