Supreme Court Justice Amy Coney Barrett is weighing whether to block Illinois’ assault weapons ban while the case is heard in the 7th Circuit Court of Appeals.
Since Barrett hears applications from the Chicago-based 7th Circuit, she could decide on her own whether to issue an emergency injunction or refer the question to the full Supreme Court.
The case National Association for Gun Rights v City of Naperville challenges an ordinance in that city along with an Illinois state law, both of which ban assault weapons. The state law also prohibits the sale of a “large capacity ammunition feeding device,” defined as gun magazines that hold more than 10 rounds of ammunition or handguns that hold more than 15 bullets.
The plaintiffs include a gun shop owner and a gun rights group. They say the bans violate their 2nd Amendment rights.
Their lawsuit sought a temporary restraining order and a preliminary injunction to block the bans. But on February 17, Northern District Court Judge Virginia Kendall denied those motions, saying “particularly ‘dangerous’ weapons” like those banned under the laws are not protected by the Second Amendment.
The plaintiffs then appealed to the 7th Circuit, which on April 18 also rejected their emergency injunction, leading them to the Supreme Court.
On May 1, Barrett requested more information from the state and the city. Attorney General Kwame Raoul’s office, which is representing both defendants, filed its response on Monday. The National Association for Gun Rights filed its reply brief Wednesday.
The state is arguing that the injunction should be denied because the plaintiffs failed to show that they’re likely to prevail on the merits of their claim, which is required for granting an injunction.
The plaintiffs counter that they are indeed likely to prevail on their merits because the laws ban weapons that are commonly used for lawful purposes.
Barrett has not indicated how quickly she will decide on the application or whether she will refer it to the full Supreme Court for consideration.
In 2011, a federal appeals court upheld the District of Columbia’s ban on assault weapons over the dissent of then DC Circuit Judge, now Supreme Court Justice Brett Kavanaugh.
Should the Supreme Court overturn these bans, it would need to be followed throughout the entire nation, which would could potentially mean that neither any state nor the U.S. Congress could ban assault rifles or high-capacity magazines.
