U.S. Supreme Court Lets Illinois Semiautomatic Weapon Ban Stand

 July 2, 2024

The United States Supreme Court has recently declined to review the ban imposed by Illinois on certain semiautomatic weapons and their associated high-capacity magazines.

The Hill reported that the current legislation, targeting specifically models like the AR-15, will remain enforced following the Supreme Court's decision.

The reviewed ban encompasses various assault-style weapons and magazines that can hold numerous rounds, aiming to curb gun violence by limiting public access to high-capacity firearms. Conservative justices, Samuel Alito and Clarence Thomas expressed dissent, insisting that the Court's involvement might become necessary in the future.

Justices Divided Over Semiautomatic Weapons Ban

Justice Clarence Thomas articulated a cautious approach:

"Rightly wary of taking up the challenges now because they remain in a preliminary posture. But, if the Seventh Circuit ultimately allows Illinois to ban America's most common civilian rifle, we can—and should—review that decision once the cases reach a final judgment."

The refusal to hear the case impacts several other states that have implemented similar bans and now leaves the gun control battle to be resolved in lower court rulings. Over two dozen plaintiffs, including gun-rights groups and local business owners, contended that the bans violate constitutional rights established by prior Supreme Court decisions.

Lower Courts Tasked with Ongoing Second Amendment Debates

According to the plaintiffs' legal teams:

"This Court needs to intervene before this open defiance spreads further. The Court has repeatedly reminded courts and legislatures that the Second Amendment is not a second-class right. Unfortunately, the Court now needs to instruct them that Bruen—a recent, emphatic 6-3 decision of this Court—is not a second-class precedent."

The Supreme Court's precedent from two years ago has adjusted how lower courts evaluate the constitutionality of gun laws, leading to various decisions that have favored gun rights by overturning some restrictions. These legal challenges grew more pronounced after a tragic mass shooting in Highland Park, Illinois, on July 4, 2022.

The Biden administration has also encountered setbacks, with the Supreme Court declining to reconsider federal regulations related to firearm possession by felons, reflecting the ongoing complexity and divisiveness surrounding gun law interpretations.

Continued Legal Uncertainty Surrounds Gun Legislation

Justice departments from Illinois and local jurisdictions defended the bans by highlighting the absence of a federal consensus on the matter. Their attorneys pointed out that the issues remain under deliberation in multiple judicial circuits, making the Illinois case an unsuitable test case for Supreme Court review at this time.

"There is thus no conflict among the federal courts of appeal on the question presented," noted the defense from Illinois, "Meanwhile, the question continues to percolate in at least seven circuits. In addition, this case is a poor vehicle to resolve the question presented."

Furthermore, the Supreme Court had similar decisions in May 2024, when they refused a similar challenge to Maryland's ban on assault-style rifles.

The ongoing judicial reluctance to decisively intervene in Second Amendment challenges reflects strategic patience, waiting for more definitive lower court outcomes. It underscores the complexity of balancing individual rights with public safety concerns amidst America's enduring debate over gun control.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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