This Challenge To Illinois’ Gun Law Tees Up SCOTUS To Finally Nuke ‘Assault Weapons’ Bans By: Margot Cleveland...Jan 19, 2023

Illinois’ recently enacted ban on most semi-automatic rifles and so-called “high-capacity” magazines violates the Second Amendment, according to a lawsuit filed on Tuesday in a federal district court. The case, Harrel v. Raoul, represents one of the first challenges to so-called “assault-weapons” bans since the 2022 Supreme Court decision in New York State Rifle v. Bruen made clear that the right to bear arms is not “a second-class right.”

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

On Jan. 10, 2023, Illinois enacted a ban on the manufacturing, delivery, sale, purchase, or possession of so-called “assault weapons,” which is defined by statute to include any semi-automatic rifle “with the capacity to accept a magazine holding more than ten rounds of ammunition,” if the rifle possesses any one of several features, such as “a pistol grip or thumbhole stock,” a “folding, telescoping, thumbhole, or detachable stock,” or a “flash suppressor.” The Illinois statute also identifies dozens of rifles expressly banned as “assault weapons,” including all AK-type rifles, all AR-type rifles, several Barrett and Bushmaster rifles, along with a catalog of other guns.

Illinois’ recently enacted statute also makes it a crime to “manufacture, deliver, sell, purchase,” or “possess” magazines branded by the state as “large capacity ammunition” devices and referred to colloquially as “large-capacity magazines.” The statute categorizes magazines as “large capacity” if they can hold more than “10 rounds of ammunition for long guns and more than 15 rounds of ammunition for handguns.”

A group of individuals, gun businesses, and private organizations, including the Second Amendment Foundation, the Illinois State Rifle Association, and the Firearms Policy Coalition, filed suit on Tuesday against the Illinois attorney general, as well as several state prosecutors and law enforcement agents, arguing the statute violates the Second Amendment. On Wednesday, the case was assigned to federal Judge Stephen P. McGlynn, a Donald Trump appointee.

The lead attorney for the plaintiffs, David G. Sigale, told The Federalist he anticipates seeking a temporary restraining order or preliminary injunction “very soon,” noting that the statute has been in force since the governor signed the law on Jan. 10.

In seeking a temporary restraining order or a preliminary injunction, the plaintiffs will need to establish they have “a likelihood of success on the merits,” meaning they will likely prevail on their claim that the Illinois law violates the Second Amendment.

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