US Supreme Court Allows Illinois Gun Control Law to Remain in Effect

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The U.S. Supreme Court on May 17 allowed Illinoisโ€™s strict new gun control law to remain in effect, denying an emergency request for an injunction.

It means that the measure, which bans what it calls โ€œassault weapons,โ€ will remain intact while lower courts deliberate the matter. An Illinois gun store owner filed a petition with the high court to block the ban on a range of firearms as well as โ€œlarge capacityโ€ magazines.

Neither the Supreme Court nor Justice Amy Coney Barrett, who received the emergency request from the gun shop owner, explained why it decided not to issue an injunction; no public dissents were made available.

Currently, the U.S. Court of Appeals for the 7th Circuit is considering the gun store ownerโ€™s case against the state. The Chicago-based court hasnโ€™t yet issued a final ruling on the law, although the decision will likely be appealed regardless of the outcome.

In a separate case, a federal judge blocked the gun law. However, the 7th Circuit Court has placed that decision on hold in the meantime.

The 7th Circuit appeals court also has expedited consideration of at least five different cases challenging the Illinois law. Meanwhile, the state Supreme Court is considering a similar lawsuit against the measure.

Earlier this year, the state enacted the โ€œProtect Illinois Communities Actโ€ that bars the purchase, sale, delivery, and manufacture of so-called assault weapons and magazines that hold more than 10 rounds. It specifically named AK-47-style rifles and AR-15-style rifles as โ€œassault weaponsโ€ under the law, which also requires those who previously purchased semi-automatic rifles to register their ownership with Illinois State Police.

According to an FAQ of the law, โ€œNo, Illinois residents cannot purchase an AR-15 or assault weapon beginning January 11, 2023, unless subject to one of the narrow exemptions.โ€ The FAQ also states that the law bans โ€œa magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition for long guns and more than 15 rounds of ammunition for handguns; or any combination of parts from which a device described can be assembled.โ€

Byย Jack Phillips

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