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highland park massacre
US Appeals Court Upholds Illinois Assault Weapons Ban Amid Calls for Federal Law
One lawyer said it is "proof that these laws are consistent with the Second Amendment and can—and should—be upheld by courts across the country."
Nov 04, 2023
Illinois Democrats and gun control advocates on Friday welcomed a federal appeals court decision upholding the state's ban on assault weapons and high-capacity magazines amid renewed demands for a similar restrictions nationwide in the wake of a mass shooting in Maine.
"The 7th Circuit Court of Appeals has affirmed what gun safety advocates have said from day one—the Protect Illinois Communities Act is a commonsense law that will keep Illinoisans safe," said Democratic Illinois Gov. JB Pritzker, who signed the law that state legislators passed after a July 4, 2022 massacre at a parade in Highland Park, a Chicago suburb.
"Despite constant attacks by the gun lobby that puts ideology over people's lives, here in Illinois we have stood up and said 'no more' to weapons of war on our streets," added Pritzker. "This is a victory for the members of the General Assembly who stood alongside families, students, and survivors who worked so hard to make this day a reality. Now Congress must act so Illinois is not an island surrounded by states with weak protections."
Illinois state Rep. Bob Morgan (D-58)—who represents Highland Park, was at the parade with his young children, and spearheaded the legislative fight for the law—similarly celebrated the new ruling "a huge win" while also calling for federal legislation.
Democratic Chicago Mayor Brandon Johnson also welcomed the decision, saying: "This landmark legislation is an important step for our communities, providing commonsense gun control measures that have been so desperately needed in our city and throughout the state. This decisive measure will aid in keeping weapons of war out of our neighborhoods and off our streets, creating safer communities for all."
The three-judge appellate panel collectively considered six cases challenging state and local bans: four out of the Southern District of Illinois; one against the state, Chicago, and Cook County; and another involving a firearm shop owner from suburban Naperville and the National Association for Gun Rights—who unsuccessfully sought an intervention from the U.S. Supreme Court.
The gun violence prevention group Brady served as counsel for the city of Naperville in the case. In response to the "important victory," Douglas Letter, the organization's chief legal officer, declared that "states and cities should have the right to stop these weapons of war from decimating our communities, and this ruling demonstrates that assault weapon and large-capacity magazine bans are indeed constitutional."
"When the victims of the Highland Park shooting were gunned down by an assault weapon, their local and state leaders took a stand to say enough is enough," he said. "The gun industry feels threatened by the groundswell of voices trying to hold them accountable, and after today, they should feel even more unsteady."
Everytown Law executive director Eric Tirschwell highlighted that the the Chicago-based court's ruling notably came after right-wing U.S. Supreme Court determined last year in New York State Rifle & Pistol Association Inc. v. Bruen that gun restrictions must be "consistent with the nation's historical tradition of firearm regulation."
The 2-1 decision Friday "to uphold this lifesaving law is not only a victory for gun safety," Tirschwell said, "it also marks the first significant appeals court decision on this issue since the Supreme Court's decision in Bruen and is proof that these laws are consistent with the Second Amendment and can—and should—be upheld by courts across the country."
U.S. Judges Diane Wood and Frank Easterbrook—respectively appointed by former Presidents Bill Clinton and Ronald Reagan—supported upholding the state and local laws, while Judge Michael Brennan, an appointee of President Donald Trump, dissented.
"The Second Amendment to the Constitution recognizes an individual right to 'keep and bear arms. Of that there can be no doubt, in the wake of the Supreme Court's decisions," Wood wrote, citing cases including Bruen. "But as we know from long experience with other fundamental rights, such as the right to free speech, the right peaceably to assemble, the right to vote, and the right to free exercise of religion, even the most important personal freedoms have their limits."
"Government may punish a deliberately false fire alarm; it may condition free assembly on the issuance of a permit; it may require voters to present a valid identification card; and it may punish child abuse even if it is done in the name of religion," she continued. "The right enshrined in the Second Amendment is no different."
Wood also pointed out that the ruling pertains to preliminary injunctive relief, so the panel did not "rule definitively on the constitutionality of the act or any of the municipal ordinances," meaning that the policies could face future challenges.
The decision in Illinois coincided with President Joe Biden's trip to Lewiston, Maine, where a mass shooter last month killed a total of 18 people at a bowling alley and a bar before being found dead from an apparent self-inflicted gunshot wound.
Biden—who is seeking reelection next year—and others in his administration have called for reinstating a federal assault weapons ban. After the Maine shooting, Vice President Kamala Harris said that "it is a false choice to suggest we must choose between either upholding the Second Amendment or passing reasonable gun safety laws to save lives. Congress can and must make background checks universal. Pass red flag laws. Ban high-capacity magazines. And renew the assault weapons ban."
Such policies are unlikely to pass during the current session, considering the makeup of Congress—though after the carnage in his hometown of Lewiston, Rep. Jared Golden (D-Maine) last month endorsed an assault weapons ban and sought forgiveness for his past opposition to it.
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Illinois Supreme Court Upholds Assault Weapons Ban Passed After Highland Park Shooting
"This is a significant victory for the movement for gun safety and getting semiautomatic rifles off our streets," said Parkland survivor and March for Our Lives co-founder David Hogg.
Aug 11, 2023
Gun control advocates and Illinois leaders on Friday celebrated the state Supreme Court upholding the Protect Illinois Communities Act, which banned the sale of assault weapons and high-capacity magazines after a 2022 massacre at an Independence Day parade in the Chicago suburbs.
"Weapons and accessories designed for the battlefield shouldn't have a place in our communities," declared Nick Suplina, senior vice president for law and public policy at Everytown for Gun Safety. "Communities across Illinois cannot afford another tragedy like Highland Park to occur and today's decision by the Illinois Supreme Court ensures that we can keep these deadly weapons of war off our streets."
March for Our Lives co-founder David Hogg—who survived the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida—said that "this is a significant victory for the movement for gun safety and getting semi-automatic rifles off our streets."
As The Associated Pressdetailed: "The law bans dozens of specific brands or types of rifles and handguns, .50-caliber guns, attachments, and rapid-firing devices. No rifle is allowed to accommodate more than 10 rounds, with a 15-round limit for handguns. The most popular gun targeted is the AR-15 rifle."
Overturning a lower court's ruling, the justices found the law does not violate the equal protection or special legislation clauses of the Illinois Constitution. They also found that "plaintiffs expressly waived in the circuit court any independent claim that the restrictions impermissibly infringe" on the Second Amendment to the U.S. Constitution.
The decision came in a case brought by state Rep. Dan Caulkins (R-101), "part of a flurry of challenges to the constitutionality of the ban," as the Chicago Sun-Timesexplained. "Some of those challenges are still being fought in federal court."
The newspaper also noted that billionaire Illinois Gov. JB Pritzker "tapped his wealth last year to help boost two Democratic state Supreme Court justices who helped seal the majority Friday, as they did last month in upholding another key progressive measure backed by the billionaire governor: a provision promising to end cash bail next month."
Pritzker said Friday he was "pleased" with the court's 4-3 decision and that the contested measure, which he signed in January, "is a commonsense gun reform law to keep mass-killing machines off of our streets and out of our schools, malls, parks, and places of worship."
"Illinoisans deserve to feel safe in every corner of our state—whether they are attending a Fourth of July Parade or heading to work—and that's precisely what the Protect Illinois Communities Act accomplishes," he added. "This decision is a win for advocates, survivors, and families alike because it preserves this nation-leading legislation to combat gun violence and save countless lives."
The Highland Park shooting—in which seven people were killed and dozens more were injured—provoked calls for stricter state and federal gun laws. The suspect, Robert Crimo III, has been charged with 21 counts of first-degree murder, 48 counts of attempted murder, and 48 counts of aggravated battery with a firearm. He has pleaded not guilty and is awaiting trial.
"For years, moms, students, survivors of gun violence, and other community safety advocates fought hard to pass comprehensive gun safety legislation in Illinois," Moms Demand Action executive director Angela Ferrell-Zabala said Friday. "Today's decision by the Illinois Supreme Court is an incredible victory for our dedicated volunteers who were relentless in their advocacy to pass this lifesaving legislation, especially in the aftermath of the tragedy in Highland Park."
Sheri Williams, who co-leads the Illinois chapter of Moms Demand Action, also stressed that the law was the result of "tireless advocacy" by her group and Students Demand Action. Friday's ruling, she said, "put public safety over the gun lobby's agenda, and our families will all be safer because of it."
This post has been updated with additional details about the ruling.
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US Supreme Court Refuses to Block Assault Weapons Ban in Illinois
"The Supreme Court once again reaffirms the rights of legislators and local officials to pass gun safety laws," said one advocate.
May 17, 2023
State and local laws banning the sale of assault weapons will stand in Illinois for the time being, following the U.S. Supreme Court's refusal on Wednesday to temporarily block the measures while pro-gun groups appeal them in lower courts.
The high court did not disclose how each justice voted or explain their reasoning for the decision, releasing only a brief statement saying that the request for an injunction was denied.
A gun store in Naperville, Illinois joined the National Association for Gun Rights in challenging a local ordinance that blocks the sale of assault weapons, defined as 26 firearms and other weapons that meet certain criteria. The law went into effect in January after being passed last August, a month after seven people were killed and nearly 50 were injured in a mass shooting in Highland Park, 35 miles away from Naperville.
The lawsuit also challenges the Protect Illinois Communities Act, which also went into force in January and bans the sale of assault weapons and high-capacity ammunition magazines across the state.
The 7th US Circuit Court of Appeals has taken up the case and is scheduled to hear arguments on June 29.
"This is an important victory in the fight to end gun violence as the U.S. continues to deal with multiple mass shootings."
The gun store and pro-gun group cited two landmark rulings by the Supreme Court, including District of Columbia v. Heller, which held that the Second Amendment guarantees an individual the right to possess a firearm for "lawful purposes," independent of serving in a militia; and New York State Rifle & Pistol Association, Inc. v. Bruen, which held that courts must consider the gun regulations that were in effect when the Constitution was written when they decide whether a gun law should stand.
The latter ruling expanded access to firearms last year even as gun violence surpassed vehicle accidents as the leading cause of death among children in the United States.
The plaintiffs claimed that "there is no historical analogue to such a ban" as the ones passed in Illinois. State Attorney General Kwame Raoul countered in a court brief that the types of guns targeted by the laws, such as one used by the shooter in Highland Park, fall well outside the Constitution's protections for "firearms that are 'commonly used' for self-defense."
The gun control group Brady said Wednesday's development at the Supreme Court, while not the final word on the case, was "an important victory in the fight to end gun violence."
\u201c\ud83d\udea8BREAKING: The U.S. Supreme Court has declined to block Illinois' and Naperville's assault weapons ban from being enforced. \n\nThis is an important victory in the fight to end gun violence as the US continues to deal with multiple mass shootings.\nhttps://t.co/U8Z3AeJK3Q\u201d— Brady | United Against Gun Violence (@Brady | United Against Gun Violence) 1684340876
"This is a great victory for Americans and all of us working to protect our children from the gun violence epidemic facing our nation," said Debbie Mucarsel-Powell, senior adviser to advocacy group Giffords. "With this ruling the Supreme Court once again reaffirms the rights of legislators and local officials to pass gun safety laws."
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