The Illinois General Assembly enacted the Protect Illinois Communities Act following a deadly shooting at a Chicago suburb’s Independence Day parade. That Act criminalizes the manufacture, sale, delivery, purchase,
and possession of assault weapons and large-capacity magazines, among other things. The Act contains a grandfather clause that allows preexisting lawful owners of the regulated items to continue possessing them.
Shortly after the Act was adopted, several lawsuits were filed to challenge its constitutionality. The district court decisions were divided, with one court granting a preliminary injunction against enforcement of the Act and two district courts denying injunctive relief. Those appeals made their way to the Seventh Circuit Court of Appeals, which consolidated the cases and issued a ruling in 2023 that rejected preliminary relief to the challengers and sent the case back to the district courts for further proceedings.
One of the consolidated cases proceeded to a bench trial. The district court in that case held that
much of the Act violated the Second Amendment and that the
offending provisions were not severable, and the court enjoined enforcement of the Act in its entirety. The defendants appealed to the Seventh Circuit, which recently reversed the ruling and upheld the Act, including its restrictions on AR-15s and thirty-round rifle magazines. Barnett et al., v. Raoul.
First, the Seventh Circuit held that the challengers failed to meet their burden to show that all of the Act’s regulations were facially invalid. Second, the Seventh Circuit assumed for purposes of its ruling that the regulated items constituted “arms” under the U.S. Supreme Court’s interpretation of the Second Amendment, meaning that they were presumptively entitled to constitutional protection under the Second Amendment. Next, the Seventh Circuit applied the test established by the Supreme Court for challenges under the Second Amendment and determined that the Act was consistent with
the principles that “underpin our regulatory tradition” because legislatures have long imposed restrictions on particularly
dangerous weapons like those regulated by the Act. Further, the Seventh Circuit found the Act’s “burden on the right of armed self defense” to be minimal. In sum, the Seventh Circuit held that the challengers failed to meet their burden in a facial challenge to the Act’s constitutionality under the Second Amendment.
