Supreme Court Justice Amy Coney Barrett is weighing whether to block authorities from enforcing Illinois’ assault weapons ban while the hearing goes on in the Seventh Circuit Court of Appeals.
This follows a ruling by the 7th Circuit panel stating that the Second Amendment does not cover AR-15s. The case involves the state’s ban on assault weapons and large-capacity magazines as well as a local ordinance in the city of Naperville.
The two laws’ became active following a mass shooting at an Independence Day parade last year in Highland Park. The courts briefly blocked the state ban, but both laws are currently in effect.
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The National Association for Gun Rights argues that both laws violate the Second Amendment. It filed an injunction, referencing the 2022 Bruen decision and expressing support for Justice Barrett’s position.
The organization is about educating on the importance of fighting for gun rights across various arenas. Hannah Hill, Executive Director of the National Foundation for Gun Rights, wrote, “The 7th Circuit just said that ARs are not guns entitled to Second Amendment protection.
It doesn’t get much more outrageous than that – and Justice Amy Coney Barrett appears to agree.” Hill believes that Barrett clarifies that she is not overlooking lower-court defiance from Bruen and Heller.
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Dudley Brown, President of NAGR, said: “Justice Barrett has been watching this case closely, and last time we asked her for an emergency appeal, the 7th Circuit only dodged a SCOTUS smackdown by expediting the case. Well, the 7th Circuit has ruled now, and they got it wrong.
We look forward to reading Illinois’ attempts to explain why gun bans are consistent with the Second Amendment, and we are confident that this unconstitutional law won’t fly with Justice Barrett.”
Within the Supreme Court, it is customary to assign a justice to hear applications for injunctions from the Appellate Circuit. This time, that role falls on Justice Barrett.
Barrett requested more information about it from the state and the city on May 1, 2023. Attorney General Kwame Raoul’s office, representing both defendants, filed its response afterward. Then, the National Association for Gun Rights filed its reply two days later.
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The state argues that the application for an injunction should not be up for consideration because the plaintiffs have not shown that they will prevail on the merits of their claim. This is important as it is one of the requirements for granting an injunction.
Barrett has yet to indicate how quickly she will decide on the application. Neither has she revealed a plan to refer it to the full court for consideration.
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