Now, that fight continues in Illinois.
The Seventh Circuit Court of Appeals last week ruled the contentious state law prohibiting so-called “assault weapons” passed constitutional muster. Never mind that the incorrectly named “Protect Illinois Communities Act” (PICA) contradicted both the Heller and Bruen decisions of the U.S. Supreme Court.
The 2008 Heller decision reestablished the right to own firearms “in common use.” That there are over 24 million semiautomatic weapons in the U.S. certainly fits the “common” criteria.
In a 2015 gun control case, Justice Clarence Thomas further clarified this basic right.
“The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons.”
If that were not enough, 2022’s Bruen decision established the constitutional barriers to stripping away gun rights. “The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”
The three-judge panel heard a consolidated argument from several legal challenges combined into one. And in the wake of the egregious ruling, several gun rights groups vowed to continue the case all the way up to the Supreme Court.
One of the groups primed for the challenge is the Illinois State Rifle Association. A lobbyist for the organization, Ed Sullivan, said the Seventh Circuit decision was hardly a shock considering the makeup of the panel. The judges were appointees of anti-gun politicians with a track record of opposing the Second Amendment.
The nine justices of the Supreme Court could be a much different story.
PICA banned most semiautomatic rifles and shotguns in Illinois. It also set a limit to magazines to hold no more than ten rounds. It is front and center of Gov. J.B. Pritzker’s (D) proclaimed agenda to curb gun rights. And even with last week’s setback, those who feverishly support personal liberties are undeterred.
Illinois gun owners know that the fight is far from over. They are steadfast in their belief that Pritzker and his political allies overstepped their bounds and contradicted the clear constitutional right to keep and bear arms.
There are over 24 million semiautomatic firearms in circulation in the U.S., and modern sporting rifles are immensely popular with the shooting public. These weapons are utilized every day for everything from target shooting to critical self-defense.
More evidence of the popularity of these rifles recently came from an unlikely source — the Washington Post.
A 2023 poll showed that “six percent of Americans own an AR-15, about one in 20.” Couple this with research revealing that many gun owners are reluctant to admit this fact to pollsters and others, and the true number is likely much higher.
Despite this fact, the Seventh Circuit ruled that the AR-15 and similar firearms are not commonly used for lawful purposes. To read the ruling is to believe that they are being brandished everywhere by violent criminals, though they are in fact rarely used in the commission of a crime.
And they are vitally important for the fundamental right to self-defense. These rifles are both a deterrent and an essential tool in defending innocent lives from those who prey on the defenseless.
Recently, California District Judge Roger Benitez noted in a brilliant ruling many instances of these firearms being used for self-defense. One case involved a pregnant woman who bravely wielded an AR-15 to protect her family from home invaders.
No, despite last week’s setback, the fight to protect the rights of Illinois gun owners is just getting started.
