Landmark Decision: Illinois Assault Weapons Ban Upheld by US Appeals Court

<p>A mourner holds a sign advocating for gun control while visiting a memorial for victims of a mass shooting at a Fourth of July parade in the Chicago suburb of Highland Park, Illinois, U.S. July 7, 2022. REUTERS/Cheney Orr/File Photo</p>
<h1>U.S. Appeals Court Upholds Illinois State Ban on Assault-Style Weapons and High-Capacity Magazines</h1>
<p>November 3, 2022 (Reuters) – In a significant decision, a U.S. appeals court has upheld the ban on assault-style weapons and high-capacity ammunition magazines in the state of Illinois. The ban was enacted as a response to a horrific mass shooting that took place in Chicago’s Highland Park suburb in 2022, resulting in the deaths of seven people and numerous injuries. A three-judge panel of the 7th U.S. Circuit Court of Appeals voted 2-1 to throw out a lower-court injunction against the firearms restrictions, while also affirming the law in other cases. This ruling also supports similar local laws throughout Illinois.</p>
<p>The state measure, which is supported by the Democratic party, prohibits the sale and distribution of various high-powered semiautomatic “assault weapons,” including the popular AK-47 and AR-15 rifles, as well as large-capacity magazines. Critics of the ban argue that it infringes upon individuals’ Second Amendment right to bear arms as outlined in the U.S. Constitution.</p>
<p>The 7th Circuit panel countered this argument by asserting that Second Amendment rights, like other constitutional freedoms, are subject to reasonable limitations imposed by the government. In their ruling, the judges cited a 2021 U.S. Supreme Court decision that invalidated New York state’s restrictions on carrying concealed handguns outside of the home. The Supreme Court’s conservative majority established a new legal standard for evaluating gun restrictions, stating that they must align with the nation’s historical tradition of firearm regulation in order to be considered constitutional.</p>
<p>Judge Diane Wood, who was appointed by former President Bill Clinton, expressed confidence in the likelihood of further litigation upholding Illinois’ gun law based on the “tools of history and tradition” emphasized by the Supreme Court in the New York case. Judge Frank Easterbook, appointed by former President Ronald Reagan, joined Wood in the majority opinion. A dissenting opinion was provided by Judge Michael Brennan, an appointee of former President Donald Trump.</p>
<p>Earlier this year, the Illinois Supreme Court also upheld the assault weapons ban in a separate state court case, ruling against arguments that the law violated the state constitution by its unequal application to all citizens.</p>
<p>In a related case, the 9th U.S. Circuit Court of Appeals recently ruled that California’s assault weapons ban would remain in effect while the state attorney general appeals a lower-court decision deeming the 30-year-old law unconstitutional.</p>
<p>Reporting by Steve Gorman in Los Angeles; Additional reporting by Nate Raymond in Boston; Editing by Jamie Freed</p>
<p>Our Standards: The Thomson Reuters Trust Principles.</p>
<h2>Acquire Licensing Rights, opens new tab</h2>

Reference