The US Supreme Court declined to enjoin the Illinois assault rifle ban on Wednesday while the case is pending appeal in the US Court of Appeals for the Seventh Circuit. The appeal was presented to Justice Amy Coney Barrett.
The court denied the plaintiffs’ application for a writ of injunction pending appeal. The plaintiffs in the case include the National Association for Gun Rights, Robert C. Bevis and Law Weapons Inc. The plaintiffs challenged the assault weapon ban under the Second Amendment in the US District Court for the Northern District of Illinois and filed a motion for a preliminary injunction against the ban. The court denied the injunction and the plaintiffs appealed to the Seventh Circuit. The court denied the plaintiff’s option for an injunction pending appeal.
The plaintiffs argue that the district court’s order was “clearly erroneous.” In response, the defendants argue that the plaintiffs have not shown that they are “indisputably entitled to relief.” Additionally, the defendants also assert that no critical or exigent circumstances exist that would warrant an injunction pending appeal.
Earlier this year, Illinois Governor JB Pritzker signed the ban into law. The law banned the sale and manufacturing of assault rifles in the state. The bill, known as the Protect Illinois Communities Act, also prohibits the sale and manufacturing of assault weapon attachments, .50 caliber cartridges, any .50 caliber rifle and certain pistols. The bill defines assault rifles as any rifle that carries more than 15 rounds of ammunition. Pistols that carry more than 10 rounds of ammunition are also banned.
This case involves a challenge to both a City of Naperville ordinance and the state assault rifle ban. In March, an Illinois state judge ruled that the statewide ban is unconstitutional under the Illinois Constitution. That case is pending in the Illinois Supreme Court.