* The 7th Circuit Court of Appeals just upheld the state ban on assault weapons and large-capacity magazines…
In 2023, six months after a mass shooting at a Chicago suburb’s Independence Day parade left seven dead and dozens more wounded, Illinois enacted the Protect Illinois Communities Act. Among other things, the Act criminalizes the manufacture, sale, delivery, purchase, and possession of assault weapons and large-capacity magazines. A grandfather clause permits preexisting lawful own- ers of the regulated items to continue possessing them.
Plaintiffs across Illinois swiftly challenged the Act, suing state and local officials for declaratory and injunctive relief protecting their right to keep and bear arms. One federal court granted a preliminary injunction, two did not, and all three losing parties appealed. We consolidated their appeals and held in Bevis v. City of Naperville, 85 F.4th 1175 (7th Cir. 2023), that the plaintiffs were unlikely to succeed on the merits of their challenges
One of the consolidated cases in Bevis was Barnett v. Raoul, which itself was the lead case for a set of four similar challenges pending in the Southern District of Illinois. After building out the record following Bevis, the Barnett parties proceeded to a bench trial. In the end, the district court held that much of the Act violated the Second Amendment and that the offending provisions were not severable. The court therefore enjoined enforcement of the Act in its entirety. The defendants appealed.
For reasons that follow, we focus on the Act’s application to AR-15s and thirty-round rifle magazines. The Act’s restrictions on these items, we hold, are consistent with the principles that underpin our Nation’s tradition of firearm regulation. Whether to adopt them is thus a decision reposed in our elected representatives, and we reverse. […]
We REVERSE the judgments of the district court, and we REMAND the cases with directions to enter judgments for the defendants.
Go read the rest.
…Adding… Rep. Bob Morgan…
”Four years after the Highland Park mass shooting, today’s decision of the U.S. 7th Circuit Court of Appeals confirmed that the Illinois assault weapon ban (the “Protect Illinois Communities Act”) is constitutional. This is the highest court to rule on the merits of our law, but the ban on weapons of war, high capacity magazines and rapid-fire devices has already led to record lows of gun violence and mass shootings. As the U.S. Supreme Court prepares to consider whether any assault weapon ban is allowed under the 2nd Amendment, this 7th Circuit ruling should guide the majority of the Supreme Court. We are saving lives in Illinois with our assault weapon ban, and will continue to pursue all options available to end the scourge of gun violence in our state.”
…Adding… Gov. Pritzker…
…Adding… Senate President Harmon…
This decision is a victory for common sense and community safety. These high-powered weapons of war have no place on our streets.
…Adding… AG Raoul…
“This is a win that enhances public safety in Illinois. We have seen the damage that assault weapons and large-capacity magazines can inflict, and these weapons of war have no place in our communities. My office has successfully defended the state’s prohibition on these weapons in both state and federal court, and I am immensely proud of the hardworking attorneys in my office who have worked diligently to preserve this critical public safety measure.”
- hisgirlfriday - Thursday, Jul 9, 26 @ 3:18 pm:
Thanks for posting the link to the 2-1 opinion.
So the panel was Brennan (Trump), Easterbrook (Reagan), and St. Eve (Trump).
So despite them both having the Trump stamp, St. Eve wrote for the majority and Brennan had a lengthy dissent.
I fully expect the Trumpers on SCOTUS to strike down assault weapons bans unfortunately. There is a 7th circuit test case already teed up next term (Viramontes v. Cook County) where interestingly St. Eve and Brennan agreed with no dissent that a constitutional challenge to the Cook County assault weapons ban was correctly dismissed but that was decided in June 2025 so I guess Brennan got a new Constitution this year or something.
- Todd - Thursday, Jul 9, 26 @ 3:55 pm:
Scotus here we come
Same stuff just a regurgitation of Bevis. Bowie knife laws are analogous enough and these weren’t around in 1791
You cant fix stupid
- Mason born - Thursday, Jul 9, 26 @ 4:49 pm:
We’ll know whether the 7th got it right in a bout a year.
- Pundent - Thursday, Jul 9, 26 @ 5:10 pm:
=You cant fix stupid=
Punctuation can help.
- thisjustinagain - Thursday, Jul 9, 26 @ 5:51 pm:
We already know the 7th got it wrong. Common semi-automatic rifles in civilian use cannot be banned, no matter how ‘evil’ or ‘military’ they look. Get ready for this ruling to be overturned, or made no longer good law after SCOTUS throws out the Cook County and Connecticut rifle bans.
- JS Mill - Thursday, Jul 9, 26 @ 6:20 pm:
Speaking of “stupid” and common sense…
This court has done more mental gymnastics to create new rationalizations for doing the work of the far right than any I have ever seen. Even the decision on Birthright Citizenship was insanely close.
The 2nd amendments was never intended to support the casual ownership of modern military weapons. All one has to do is read what the writers actually had to say. This court, in creating a wholly new standard ignored these very simple first words “ A well regulated Militia, being necessary to the security of a free State,”
That said, I have no doubt the USSC will not support this decision however correct it is.
- Norseman - Thursday, Jul 9, 26 @ 8:11 pm:
Pungent and JS Mill +1.
JS calls it mental gymnastics, I call it legal fiction. ‘Up is down because the bottom of the “p” is pointing downward. Therefore, it was the original intention that we’re supposed to say it must be down.’
Sadly, we’re living in an era where a major party cares more about money than lives. Yes, the MAGA SCOTUS will overturn and more children and people will be slaughtered by military weapons.
- Think Again - Thursday, Jul 9, 26 @ 8:21 pm:
= Easterbrook=
He’s a great judge - but on 2A issues he consistently applies old tests to firearms regulations - knowing full well that Bruen will be applied to these Illinois laws and they will be tossed by SCOTUS.
- Big Tent - Thursday, Jul 9, 26 @ 8:49 pm:
Laudable…but likely overturned by SCOTUS.
In the meantime while slapping yourselves on the back, how about enhanced legislation to increase penalties for possession of these weapons? Seen pics of most recent street shootings in Chicago? The shell casings look like they’ve been sprinkled like grass seed.
- We've never had one before - Thursday, Jul 9, 26 @ 11:13 pm:
Thank you, 7th Circuit Court of Appeals for enabling this case to go to SCOTUS.
- Rich Miller - Thursday, Jul 9, 26 @ 11:17 pm:
===enhanced legislation to increase penalties for possession of these weapons?===
That’s what the bill does. I mean, duh.
- Jocko - Friday, Jul 10, 26 @ 10:31 am:
==they will be tossed by SCOTUS==
Because Robert Crimo fired 83 bullets at parade attendees in under a minute…as the founders intended. /S