From State Law to the Supreme Court: The Legal Journey of the Illinois Gun Ban Challenge

Since The Protect Illinois Communities Act was signed into law on January 10, 2023, by Governor J.B. Pritzker, it has wound its way through the courts, facing numerous challenges from gun rights advocates on its way to the Supreme Court. The circuitous path of the Illinois ban was not difficult to predict from the outset, as opposition from gun rights advocates such as the Second Amendment Foundation and Illinois State Rifle Association erupted early and forcefully. 

 The Dispute at the Center 

The Protect Illinois Communities Act targets 170 semi-automatic firearms and high-capacity magazines in an attempt to prevent firearms that “were intended for military use,” as Illinois Attorney General Kwame Raoul stated, “from being used to cause devastation in our schools, places of worship and recreation spaces.” Gun rights advocacy groups believe the Act is unconstitutional and unfair, while advocates of gun safety policies and common-sense gun reform argue that such an Act is not only a step in the right direction but is nothing short of necessary.     

 The Path from State Act to Federal Question 

The first serious federal challenge to the Act after it was signed into law by Governor Pritzker came when the Seventh Circuit U.S. Court of Appeals heard arguments disputing its constitutionality under the Second Amendment. In this case, the Appeals Court sided with the State of Illinois and upheld the Protect Illinois Communities Act back in November.  

The National Association for Gun Rights had previously wanted the Supreme Court to get involved when it requested a temporary emergency stay of the underlying law but has now filed a petition for a writ of certiorari in the hopes of getting an actual ruling from the Supreme Court. Illinois now joins Maryland in having its attempt at gun control be challenged in the high courts, and indeed the highest court of all in the United States.  

The main cases around which this contentious issue revolves are: 

-Harrel v. Raoul 

-Bevis v. Naperville 

It remains to be seen how the Supreme Court will ultimately rule, but the implications are sure to have wide-reaching effects beyond the State of Illinois.