A U.S. appeals court has upheld Illinois’ ban on assault-style weapons and high-capacity ammunition magazines.
The ban was enacted in response to a 2022 mass shooting in Chicago’s Highland Park suburb, with the court’s decision following a 2-1 vote.
Upholding Public Safety:
In a significant decision, a U.S. appeals court has upheld the state of Illinois’ ban on assault-style weapons and high-capacity ammunition magazines. This legislation was implemented in the aftermath of a tragic mass shooting in the Highland Park suburb of Chicago in 2022, which claimed seven lives and left dozens more injured.
The ruling, delivered by a three-judge panel of the 7th U.S. Circuit Court of Appeals, featured a 2-1 vote. In essence, the panel lifted a previous lower-court injunction against the firearms restrictions in one set of cases and affirmed decisions that keep the law intact in another set.
Furthermore, this appellate decision extends to several similar local laws within the state of Illinois.
The state-level legislation, which is supported by the Democratic party, prohibits the sale and distribution of various high-powered semiautomatic “assault weapons.” These include firearms such as AK-47 and AR-15 rifles, as well as large-capacity magazines.
Challengers to the law argued that it violated the Second Amendment of the U.S. Constitution, which outlines the right for individuals to “keep and bear arms.” However, the appellate panel concluded that, like other constitutionally protected freedoms, Second Amendment gun rights are subject to certain limits that can be legitimately imposed by the government.
The court’s reasoning in upholding the Illinois law referenced a U.S. Supreme Court opinion from the previous year. This opinion struck down New York state’s restrictions on carrying concealed handguns outside the home. The high court’s conservative majority in that case established a new legal test for gun restrictions, emphasizing that they must align with the nation’s historical tradition of firearm regulation.
Judge Diane Wood, an appointee of former President Bill Clinton, stated that supporters of Illinois’ gun law have a strong likelihood of success in further litigation. The decision was based on the “tools of history and tradition to which the Supreme Court directed us.”
The majority opinion was shared by Judge Frank Easterbook, an appointee of former President Ronald Reagan, while Judge Michael Brennan, an appointee of former President Donald Trump, entered a dissent.
This ruling comes after a divided Illinois Supreme Court previously upheld the assault weapons ban, rejecting arguments that the law violated the state constitution by not applying the ban equally to all citizens. Additionally, the 9th U.S. Circuit Court of Appeals recently ruled in favor of maintaining California’s assault weapons ban while the state attorney general appealed a lower-court decision declaring the measure unconstitutional.