The U.S. Supreme Court has recently been presented with a number of cases challenging gun and magazine bans, with several lawsuits from Illinois among them. These cases have been distributed for consideration at an upcoming conference.
In January 2023, Illinois implemented a ban on over 170 semi-automatic firearms and magazines with capacities exceeding certain limits. As a result, multiple federal lawsuits were filed challenging the law. Last year, the Seventh Circuit U.S. Court of Appeals rejected appeals for preliminary actions against the ban. In February, the plaintiffs sought intervention from the U.S. Supreme Court.
The U.S. Supreme Court has scheduled a conference for May 16, 2024, to discuss various Illinois cases and a case challenging Maryland’s ban.
According to Alan Gottlieb from the Second Amendment Foundation, “It’s a momentous occasion for us because we’ve been making relentless efforts to bring a case before the Supreme Court that addresses these very issues. And now, it seems like our perseverance is finally paying off.”
Gottlieb anticipates that if the court decides to hear the cases, they will likely be consolidated.
He expressed optimism about finding out the answer by the end of the month, stating that it could potentially occur in June.
According to the state of Illinois, the Seventh Circuit U.S. Court of Appeals correctly supported the ban on certain semi-automatic firearms by stating that they are comparable to military weapons and have a high chance of being successful in the legal proceedings. However, Gottlieb argues that the U.S. Supreme Court should intervene and offer their perspective on the matter.
According to Gottlieb, the significance of not banning semi-automatic firearms lies in the fact that if such a ban were to happen, it could potentially lead to a ban on single-shot guns in the future. He emphasizes that the Second Amendment does not mention any limitations based on technological advancements, therefore protecting citizens’ rights regardless of advancements in firearms technology.
Plaintiffs argue that states and lower courts are disregarding a landmark 2022 decision by the U.S. Supreme Court. This ruling mandates that states and courts must consider both the language of the Second Amendment, which guarantees the right to keep and bear arms, and the historical gun regulations from the founding era when crafting and justifying gun control legislation.
A group of consolidated cases is still pending in the Southern District of Illinois U.S. Court, and it is anticipated that a trial on the merits will be held in July.
