Gun rights group and retailer ask US Supreme Court docket to dam Illinois assault rifle ban – JURIST


The Nationwide Affiliation for Gun Rights (NAGR), Illinois gun retailer Legislation Weapons & Provide and its proprietor Robert Bevis asked the US Supreme Court docket on Tuesday to dam Illinois’s ban on assault rifles and high-capacity magazines. The request comes weeks after an appeals courtroom upheld the legislation. It’s the second time the teams have requested the Supreme Court docket to dam the Illinois legislation after the courtroom declined to take action in Could. The lawsuit additionally challenges a local-level gun regulation in Naperville, Illinois.

NAGR and Bevis declare that Illinois’ legislation, the Shield Illinois Communities Act (PICA), violates the Second Amendment of the US Structure and may due to this fact be declared invalid. They are saying the act is unconstitutional as a result of it bans weapons and ammunition that “are possessed by hundreds of thousands of law-abiding Individuals who overwhelmingly use them for lawful functions.” They argue this frequent authorized use and the shortage of historical past of comparable laws make the legislation unconstitutional and ask the courtroom to concern a preliminary injunction whereas the case continues to make its means by means of appeals.

Particularly, NAGR and Bevis level to the Supreme Court docket’s current choice in New York State Rifle & Pistol Association, Inc. v. Bruen, which struck down a New York gun allow legislation and established stricter requirements for state legislatures to constitutionally regulate gun possession. In Bruen, the courtroom chastised decrease federal courts for treating gun possession as a “second-class proper” and urged them to not give deference to state legislatures. NAGR and Bevis argue that decrease courts have successfully ignored this, circumventing necessities set by the Supreme Court docket to uphold firearm laws.

Illinois Governor J.B. Pritzker signed PICA in January 2023. The legislation prohibits the sale and manufacturing of assault weapon attachments, .50 caliber cartridges, any .50 caliber rifle and sure pistols. It defines assault rifles as any rifle that carries greater than 15 rounds of ammunition. Pistols that carry greater than 10 rounds of ammunition are additionally banned. Lastly, below PICA, anybody who was already in possession of newly outlawed weapons had till October 1 to report their possession to the state authorities.

On the time of the legislation’s passage, Pritzker, Illinois Home Speaker Emanuel “Chris” Welch and Illinois Senate President Don Harmon issued a joint statement studying partly:

Gun violence is an epidemic that’s plaguing each nook of this state and the individuals of Illinois are demanding substantive motion. With this laws we’re delivering on the guarantees Democrats have made and, collectively, we’re making Illinois’ gun legal guidelines a mannequin for the nation.

Illinois handed PICA after a lethal mass capturing within the Chicago suburb of Highland Park in the course of the metropolis’s 2022 Fourth of July parade. The capturing killed seven people, injured dozens of others, ranging in age from 8 to 85, and despatched shockwaves by means of a state and nation reeling from repeated mass shootings. At a one-year commemorative event, Highland Park Mayor Nancy Rotering stated, “Eighty-three rounds, one minute, that’s how lengthy it took for a single particular person to completely alter dozens if not lots of of lives perpetually. The affect of that one minute is meaningless.”

This isn’t the one litigation involving PICA. Quickly after it was enacted, an Illinois state decide ruled that PICA violated the Illinois Structure. Nonetheless, the Illinois Supreme Court docket reversed this ruling in August.

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