Illinois Semi-Auto Gun Ban Headed for Supreme Court Battle

A pivotal legal battle over Illinois’ ban on semi-automatic firearms is now on track to reach the U.S. Supreme Court, with a possible final decision expected by mid-2026. The Seventh Circuit Court of Appeals has scheduled oral arguments for September 22 in a case that could determine whether any state can legally prohibit commonly owned firearms.

The law, enacted in 2023 after the Highland Park Independence Day mass shooting, bans so-called “assault weapons” and certain semi-automatic rifles. A federal district judge in Southern Illinois previously ruled the law unconstitutional. Now, the case is headed for a national stage.

Illinois State Rifle Association Executive Director Richard Pearson voiced confidence in the case’s trajectory. “I think we have the preponderance of evidence by far on our side,” he said. “We’re going to do well in this case.” Pearson noted that the banned firearms are commonly owned, a key argument under the U.S. Supreme Court’s 2022 Bruen decision, which reinforced the right to possess firearms in common use for lawful purposes.

The Illinois law’s defenders argue that semi-automatic weapons are unusually dangerous and pose a threat to public safety, particularly in light of increasing mass shootings. Governor J.B. Pritzker has dismissed criticisms of the law, even after the U.S. Department of Justice filed a brief siding with plaintiffs. “They obviously don’t understand the damage that’s being done across the country,” Pritzker said, rejecting the DOJ’s position as “wrongheaded.”

Pearson countered that banning products due to the criminal actions of a tiny minority is flawed logic. “You can’t make a law because some bad people, less than one-tenth of one percent, do bad stuff with things,” he said. “There wouldn’t be any product left on the market of anything.”

The state’s final appellate brief is due July 28. Legal observers expect that whichever way the Seventh Circuit rules, the case will be appealed to the U.S. Supreme Court, where it could become the most consequential Second Amendment case since Bruen.

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