U.S. Supreme Court Leaves Illinois Assault Weapons Ban In Place Ahead Of Deadline

WASHINGTON — With less than three weeks to go before the registration deadline for guns restricted under the Protect Illinois Communities Act, the U.S. Supreme Court has again declined to block enforcement of the law banning the sale and most unregistered possession of semiautomatic rifles like the AR-15 and AK-47.

The nation's highest court on Thursday issued an order denying an application from the National Association for Gun Rights and a Naperville gun dealer for a preliminary injunction to the statewide gun and magazine ban, as well as the suburb's municipal ban.

There were no dissents noted in the order, marking the second time the justices have passed up an opportunity to intervene in the Illinois ban.

The ban on what the act defines as an "assault weapon," a list of specific models as well as those that have various cosmetic features, or a "high-capacity ammunition feeding device," magazines holding more than 10 rounds for long guns and more than 15 rounds for handguns, passed in January.

Lawmakers approved the law just over six months after the Highland Park mass shooting, the largest in state history, when authorities say a gunman armed with a semiautomatic AR-style rifle that he had legally acquired fired more than 80 bullets into the crowd of paradegoers, killing seven and wounding nearly 50 others.

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The U.S. Supreme Court's order follows last month's decision from a 7th Circuit Court of Appeals panel that upheld the ban.

"The Court finds that these military-style weapons are not 'arms' protected by the Second Amendment because they are not weapons commonly used by civilians for self-defense," wrote Circuit Judge Diane Wood on behalf of a 2-1 majority.

"They are much more like machine guns and military-grade weaponry than they are like the many different types of firearms that are used for individual self-defense," Wood continued. “And even if the weapons were within the protection of the Second Amendment, the courts find that the ban falls within the nation’s 'unbroken tradition of regulating weapons' to protect public safety."

The 7th Circuit court on Monday refused a request for a hearing before the full 11-member court. The Chicago-based court became the first federal appellate court to uphold a categorical ban on certain semiautomatic weapons and magazines since the Supreme Court took a more expansive reading of Second Amendment protections in New York State Rifle & Pistol Association v. Bruen decision last year, recognizing a constitutional right to carry a handgun in public for self-defense.

Opponents of Illinois' assault weapons ban argued that banning guns that are commonly used for lawful purposes is a violation of the Second Amendment and an infringement on the fundamental rights of law-abiding gun owners.

But state officials contend it would be premature to issue an injunction, noting that the Naperville gun store has remained open and continues to sell firearms not banned under the Protect Illinois Communities Act or the local ordinance.

John Schmidt, a former U.S. associate attorney general and a member of the executive board of the Gun Violence Prevention PAC, issued a statement following the release of the U.S. Supreme Court's order.

“They asked the Supreme Court for relief before the 7th Circuit Court of Appeals ruled on the new law, and the Supreme Court said no. Now after the Court of Appeals has upheld the law, they’ve gone back and asked again. Not surprisingly, the Supreme Court again said no," Schmidt said. “No amount of flailing around by losing lawyers alters the basic fact that sale in Illinois of these destructive weapons continues to be blocked completely.”

The Supreme Court's decision does not address the merits of the case, but it does leave in place the Jan. 1 registration deadline for gun owners who already owned firearms banned under the law before it passed.

This week, the East St. Louis federal judge whose order blocking enforcement of the gun ban was overturned by the 7th Circuit said he was not inclined to issue an injunction against the Jan. 1 registration deadline.

Also this week, the Joint Committee on Administrative Rules, or JCAR, the bipartisan group of state lawmakers that reviews rules created by executive state agencies, declined to take action to implement permanent registration rules.

The Illinois State Police issued temporary emergency rules for registration of banned guns on Oct. 1, and state law allows for emergency rules to remain in place for 150 days — meaning they can stay in place until Feb. 28, 2024.

The committee is scheduled to again consider the matter on Jan. 16, according to Capitol News Illinois, meaning firearm owners may not know exactly which items they must register under the gun ban's final administrative rules until after the registration deadline has passed.