The state of Illinois on Monday told the Supreme Court it shouldn’t halt a ban on the sale of assault weapons in the city of Naperville, arguing that a gun shop and gun rights group aren’t harmed by the prohibition.
In a 44-page filing, Illinois Solicitor General Kwame Raoul said the high court shouldn’t block the law from being enforced while the case continues in lower courts, arguing that it’s unclear if Supreme Court precedent applies to assault weapons.
“Applicants have not shown that it is indisputably clear that they will prevail on their claim that the Protect Illinois Communities Act … violates the Second Amendment. Nor could they, since this Court has not addressed a Second Amendment challenge to a law similar to the Act,” Mr. Raoul said in the filing.
The high court ruled last year in New York Rifle and Pistol Association v. Bruen that gun control laws are lawful only if they are consistent with the nation’s history and traditions dating back to the founding of the country.
Still, lower courts have continued to uphold bans on assault weapons, according to Mr. Raoul’s filing.
His argument came after a gun rights group asked the Supreme Court last week to block the city’s ban on assault weapons, saying it runs afoul of the high court’s precedent in Bruen.
In August, the Naperville City Council enacted an ordinance that was set to begin Jan. 1 banning the sale of assault weapons and large capacity magazines with more than 10 rounds for a long gun or 15 rounds for a handgun. It imposed penalties for violations.
A federal court and the U.S. Court of Appeals for the 7th Circuit declined to block enforcement of the law, prompting the National Association for Gun Rights to ask the high court to get involved.
The groups’ lawyers argued that the lower courts are ignoring the 2022 ruling in Bruen.
“Many of the lower courts did not get the message. This action is a case in point. In the teeth of this Court’s precedents, the district court refused to address the evidence that the arms banned by the challenged laws are held by millions of law-abiding citizens for lawful purposes. The district court did not dispute the evidence; it simply ignored it,” they wrote in their request.
The emergency petition was presented to Justice Amy Coney Barrett, who oversees appeals from Illinois and the 7th Circuit.
The legal battle could pressure the high court to take a stance on the legality of laws restricting assault weapons.
The case is National Association for Gun Rights v. the City of Naperville, Illinois.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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