Buckeye Reporter

The U.S. Supreme Court announced on July 2 that it would not review challenges to Illinois' new law that criminalizes the possession of certain firearms classified as "assault weapons," including AR-15s. Petitioners had sought a preliminary injunction against the enforcement of the law, arguing it infringes upon their Second Amendment rights.

The Court of Appeals for the Seventh Circuit denied their request for an injunction, determining that AR-15s are not protected under the Second Amendment.

Justice Clarence Thomas issued a statement regarding the rejection, highlighting the Seventh Circuit's position. He stated, "According to the Seventh Circuit, the rifle selected by millions of Americans for self-defense and other lawful purposes does not even fall within the scope of Arms referred to by the Second Amendment." Thomas emphasized that while the Supreme Court is cautious about taking cases in an interlocutory posture, he hopes they will address these significant issues once final judgments are made.

Thomas continued, "The Seventh Circuit’s decision illustrates why this Court must provide more guidance on which weapons the Second Amendment covers... In my view, Illinois’ ban is 'highly suspect because it broadly prohibits common semiautomatic firearms used for lawful purposes.' It is difficult to see how the Seventh Circuit could have concluded that the most widely owned semiautomatic rifles are not 'Arms' protected by the Second Amendment."

The Illinois law was enacted following a mass shooting at Highland Park's Fourth of July Parade in 2022. Dean Rieck, executive director of Buckeye Firearms Association, expressed disappointment but noted that this does not preclude future Supreme Court review. "Those of us who seek more clarity from the Supreme court on the Second Amendment are understandably impatient," Rieck said. He added that well-reasoned opinions require ripe cases for decision-making.

Rieck further commented on public sentiment around AR-15 ownership: "Whether Americans have the right to own AR-15s and similar firearms, which are popular and in common use, is an essential question that will eventually be answered."

The challenge to Illinois’ ban on modern sporting rifles and standard-capacity magazines will proceed to trial later this year in U.S. District Court for Southern District of Illinois.