A worker rearranges guns at Law Weapons & Supply on May 11, 2023, in Naperville. The store’s owner, Robert Bevis, says a Naperville ordinance plus the Illinois law prevents him from selling roughly 90% of the guns in his store. The U.S.
Justice Samuel Alito, who like Thomas is a member of the high court’s conservative wing, broke from the majority opinion and said he would have have allowed the court to hear oral arguments on the case even in its preliminary stages. “The Supreme Court action means the protection of Illinois citizens from assault weapons and large capacity magazines will remain in effect. That’s good news for all of us,” said John Schmidt, a former U.S. associate attorney general and executive board member of the Gun Violence Prevention Political Action Committee, also known as G-PAC.
Most court decisions so far have been in the state’s favor, although last year U.S. District Judge Stephen McGlynn, whose district covers the southern portion of the Illinois, ruled the gun ban was likely unconstitutional in granting a preliminary injunction. His decision was later overturned by a three-judge panel from the U.S. 7th Circuit Court of Appeals.
The National Shooting Sports Foundation, a plaintiff in one of the Illinois lawsuits, has cited Bruen’s “historical traditional test” to contend the state’s ban on many semi-automatic guns — in which each round requires a trigger pull — is too broad because it prohibits guns that are commonly used by law-abiding citizens.
In that case, United States v. Zackey Rahimi, the high court ruled 8-1 to uphold a three-decade-old gun ban for people accused of domestic violence and subjected to orders of protection. Thomas, the lone dissenter, argued unsuccessfully that the government “failed to produce any evidence” that the law “is consistent with the Nation’s historical tradition of firearm regulation.”
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