HomeUSASupreme Court leaves Illinois assault weapons ban in place as it sidesteps...

Supreme Court leaves Illinois assault weapons ban in place as it sidesteps new cases on the right to bear arms

Published on

Weekly Newsletter

To be updated with all the latest news, offers and special announcements.

WASHINGTON — The Supreme Court on Tuesday avoided taking up a series of new cases about the scope of the right to bear arms and left in place an Illinois law that bans assault-style weapons such as the AR-15 semiautomatic rifle, which has been used in various high-profile mass shootings.

The decision not to hear the multiple cases challenging the Illinois law means it remains in effect. Litigation over the Illinois ban and similar laws enacted by other states continues, and the issue is likely to return to the justices.

Meanwhile, the court sent several other gun cases back to lower courts for further review in light of its recent ruling that upheld a federal law that prevents people accused of domestic abuse from possessing firearms. In doing so, the court sidestepped adding a new gun case to its docket for the following term, which begins in October.

The court has strongly backed the right to bear arms under the Constitution’s Second Amendment, including in a major ruling in 2022, but the recent ruling indicated that some long-standing laws can still survive. The 2022 decision led to a wave of new challenges to existing gun restrictions.

Among the cases the court sent back to lower courts was a challenge to a law that bars users of illegal drugs from possessing firearms, which is the same law that Hunter Biden was recently convicted under.

The court’s refusal for now to decide that issue leaves the legal question unresolved as Biden appeals his conviction. The justices could yet decide the issue in a future case.

Another case concerns whether nonviolent felons can be prevented from having guns.

The court also sent back a challenge to new gun restrictions enacted in New York.

In the Illinois case, conservative Justice Samuel Alito indicated he would have taken the case up.

Conservative Justice Clarence Thomas wrote a separate opinion saying he hopes the court in due course takes up the question of what types of weapons can be restricted.

The appeals court ruling upholding the Illinois ban “illustrates why this court must provide more guidance on which weapons the Second Amendment covers,” Thomas said.

The announcement, coming soon after the court declined to hear a similar case from Maryland, suggests the court is not eager to weigh in on what has become a recurring issue: whether such bans violate the Second Amendment, which the court expanded in a 2022 gun rights ruling.

In the aftermath of that decision, some states have sought to enact new restrictions, while judges applying the justices’ new test have struck down old ones.

The Illinois statute was enacted following a shooting in the city of Highland Park on July 4, 2022, which killed seven people. In May of last year, the Supreme Court declined to block the new restrictions. It also declined to block similar restrictions enacted in New York, suggesting no great eagerness among the justices to jump in on the issue.

The Illinois law bans what the state defines as assault weapons, including the AR-15 rifle, as well as large-capacity magazines that hold more than 10 rounds of ammunition for long guns or more than 15 rounds of ammunition for handguns.

The law does not ban any handguns. It also does not affect people who already owned the firearms covered by the ban.

Various gun rights activists and groups sued to block the law, saying it violates their right to bear arms under the Second Amendment.

In 1994 Congress enacted a nationwide ban on assault weapons, which expired a decade later. Attempts to revive it have failed.

The legal environment has changed radically in recent years because of the Supreme Court’s pro-gun-rights stance, as shown in a series of rulings beginning with the 2008 decision that recognized an individual right to bear arms for the first time.

Read the full article here

Latest articles

Right On Time: Fourth Human Bird Flu Cases Surfaces

The fourth case of human bird flu has surfaced in Colorado. This is right...

Fjallraven Kajka 35 Review: Wooden Stays Support This Durable Backpack

There’s a lot to consider when buying a backpack, and for many shoppers, packs...

Massachusetts Man Sets Off Explosion, Then Discredits State’s Entire Gun Control Scheme

It's funny, in a way. Thursday was Independence Day. The entire war that resulted...

On Cloudboom Strike: First Run in a Boston-Winning Super Shoe

Today, the running shoe brand On launched its latest super shoe, the Cloudboom Strike....

More like this

National Forest Week: Enjoy Nature — Without the Crowds

The sixth annual National Forest Week is from July 8 to 14 this year....

So, About That Canadian Gun Control…

In Canada, there are a lot of gun control laws. That includes a ban...

Joe Biden Is Proud To Be A “Black Woman”

The current United States president, or head ruler, Joe Biden said he was proud...

July Fourth Deals Continue: Mystery Ranch, ISLE, Rumpl, REI, and More on Sale

Mystery Ranch: Up to 25% Off Mystery Ranch’s Independence Day Sale runs from July 2...

NJ NICS Research Center Knocks it out of the Park on Storage Map

There’s a great resource for Garden State gun owners that’s fairly new and worth...

Perfect Paddleboard for Overnight Camping: ISLE Switch Pro SUP Review

I’ll always be grateful to ISLE paddleboards for showing me a simple truth. Atlanta...