The plaintiffs in a lawsuit challenging an Illinois law that banned assault weapons and extended-magazines have appealed rulings allowing the bill to stand to the U.S. Supreme Court, where it is being evaluated by a single justice.
Under federal law, parties in a lawsuit have the right to appeal directly to a specific Supreme Court justice through the federal court of appeals.
In this case, the plaintiffs have appealed through the 7th Circuit Court, and as a result, Justice Amy Coney Barrett is evaluating the legislation and whether she will issue a temporary stay on the case until the full court can evaluate its merits.
Under federal law, an injunction can be issued if a higher court feels there is a likelihood of the appeal being successful on its merits.
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Thus far, court rulings have largely gone against the plaintiffs in the case, with a February ruling by District Court Judge Virginia Kendall siding with the plaintiffs.
This week, the Illinois Gun Violence Prevention Action Committee, or G-PAC, filed an amicus brief with the 7th Circuit Appeals Court in support of the ban. The National Association for Gun Rights, who is party to the lawsuit against the legislation, is continuing to pursue its overturn.
That group, along with a Naperville gun store owner, filed suit against two bills, including the state’s assault weapons ban and a Naperville ordinance that prohibited assault weapons.
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HB 5471 bans the delivery, sale and purchase of assault weapons in the state, impacting dozens of specific types of firearms. It also bans specific attachments, extended magazines and rapid-firing devices.
Those who currently own the weapons are required to register them with the Illinois State Police. Merchants are required to sell or return their current stock of the weapons, and Illinois-based manufacturers can still sell their products outside of the state.
The law went into effect in Jan. 2023.
The plaintiffs in the case had earned a short-term victory earlier this year when U.S. District Judge Stephen McGlynn temporarily blocked enforcement of the assault weapons ban. That decision was overturned by a federal court of appeals in Chicago, leaving it in the hands of the 7th U.S. Circuit Court of Appeals.
An injunction can be ordered if a judge believes that the plaintiffs have a likelihood of prevailing on the merits of their case, something multiple courts have not found.
Coney Barrett has not given an indication on when she would rule on a potential injunction in the case.
