Lawyers Say D.C. Court’s Decision Striking Down Large-Capacity Magazine Ban Should Be Applied to Illinois
Summary:
- An appellate court in Washington, D.C., struck down a law banning large-capacity magazines, prompting lawyers challenging a similar law in Illinois to urge the 7th Circuit Court of Appeals to consider the decision.
- Attorney General Kwame Raoul’s office argues that the 7th Circuit Court is not bound by the D.C. court’s decision.
- The case before the 7th Circuit involves a constitutional challenge to the Protect Illinois Communities Act, which bans assault-style weapons and large-capacity magazines.
This summary was written by the reporters and editors who worked on this story.
Lawyers involved in a case challenging Illinois’ ban on assault weapons and large-capacity magazines are advocating for the consideration of a recent decision made by a Washington, D.C., appellate court. The decision struck down a ban on large-capacity magazines, potentially impacting the ongoing case in Illinois.
In a memo filed on March 11 with the 7th U.S. Circuit Court of Appeals in Chicago, attorneys representing the gun industry requested the three-judge panel to review the case of Tyree Benson. Benson’s conviction for violating a local ordinance prohibiting large-capacity magazines was overturned by the Washington, D.C., Court of Appeals on Second Amendment grounds.
However, Attorney General Kwame Raoul’s office countered this argument by stating that the 7th Circuit is not obligated to follow the decisions of the D.C. court, which is akin to a state supreme court. The Benson decision was described as an outlier conflicting with other appellate court rulings.
The case before the 7th Circuit pertains to a constitutional challenge to the Protect Illinois Communities Act, a law that imposes a ban on assault-style weapons and large-capacity magazines. This law was enacted in response to a tragic mass shooting at a Fourth of July parade in Highland Park in the summer of 2023.
In November 2024, a federal judge in East St. Louis declared the Illinois law unconstitutional, siding with gun rights advocates and the gun industry. The state has appealed this decision to the 7th Circuit, which conducted oral arguments in September and is yet to deliver a verdict. The law remains in effect during the appeal process.
Legal experts anticipate that the case may eventually reach the U.S. Supreme Court, which has not issued a definitive ruling on assault weapons bans but has denied requests for preliminary injunctions against enforcing the law.
Shifting Standards:
In recent years, the U.S. Supreme Court has taken a broader view of the right to bear arms and has shown skepticism towards state and local laws restricting this right. Decisions like District of Columbia v. Heller in 2008 and New York State Rifle & Pistol Association v. Bruen in 2022 have shaped the interpretation of the Second Amendment.
Benson Decision:
The Washington, D.C., court’s ruling in the Tyree Benson case emphasized that large-capacity magazines are covered by the Second Amendment and are prevalent in the country. Arguments have been made regarding the popularity of these magazines and their constitutional protection.
The 7th Circuit is yet to announce when a decision will be reached regarding the Illinois case.
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