A group of Illinois residents, gun shops, and gun rights activists have filed a lawsuit that seeks to overturn Illinois’ new law that bans “assault weapons” and “large capacity” firearm magazines.
On Jan. 11, Democratic Illinois Gov. J.B. Pritzker signed into law a bill that bans semiautomatic rifles that have the capacity to accept a detachable magazine and include a pistol grip or thumbhole stock, or a flash suppressor, a grenade launcher, a barrel shroud, or forward grip. The bill also bans semi-automatic shotguns that have a pistol grip, thumbhole stock, or collapsible stock or the ability to accept a detachable magazine or is loaded by a rotating cylinder. Additionally, the bill defines and bans “assault pistols” as those that can accept magazines at any point other than the pistol grip itself or that have a threaded barrel.
The new Illinois law also bans “large capacity” firearm magazines, defined as those capable of accepting more than 12 rounds of ammunition.
The case challenging the new law, Barnett v. Raoul, is brought by state residents Caleb Barnett and Brian Norman, along with Hood’s Guns & More, Pro Gun and Indoor Range, and the National Sports Shooting Foundation Inc. On Tuesday, the National Rifle Association’s Institute for Legislative Action (NRA-ILA) announced it was also supporting the lawsuit.
The complaint argues that the U.S. Supreme Court already ruled, in the 2008 case of D.C. v. Heller, that states could not “prohibit … an entire class of ‘arms’ that is overwhelmingly chosen by American society for [a] lawful purpose” as the state of Illinois had done by banning most semiautomatic rifles such as AR-15 style rifles.
“Indeed, Americans buy more of the most popular type of semiautomatic rifle (the AR-15) each year than the most popular type of automobile (the Ford F-150), and there are more AR-15-style rifles in private hands in America today than subscribers to all daily newspapers nationwide combined,” the complaint states.
“Not content with effectively banning the modern rifle, HB 5741 also bans many semiautomatic pistols, even though ‘semiautomatic pistols’ are ‘the weapons most commonly used today for self-defense,'” the complaint adds.
The complaint also argues against the magazine capacity limits in the new law, stating most modern firearms accept detachable magazines and most magazines are above the limit imposed by the new law.
“‘Approximately half of all privately owned magazines in the United States’—roughly 115 million in total—are capable of holding ‘more than 10 rounds of ammunition,'” the complaint states.
Pritzker Passed Law After Mass Shooting
Pritzker and the Democrat majority Illinois legislature passed the new gun control measures just months after a gunman opened fire on an Independence Day parade in Highland Park.
Pritzker invoked the Highland Park shooting as well as the May 2022 Uvalde, Texas, school shooting and the December 2012 Sandy Hook school shooting as he announced his decision to sign the new gun control law.
“No Illinoisan should have to go through life fearing their loved one could be next in an ever-growing list of mass shooting victims,” Pritzker said. “We will keep fighting to ensure that future generations only hear about massacres like Highland Park, Sandy Hook, and Uvalde in their textbooks.”
The gunman in the Highland Park shooting killed seven people and injured 48 more.
“No Illinoisan, no matter their zip code, should have to go through life fearing their loved one could be the next in an ever-growing list of victims of mass shootings,” Pritzker said. “However, for too long people have lived in fear of being gunned down in schools, while worshipping, at celebrations or in their own front yards. This legislation will stop the spread of assault weapons, high-capacity magazines, and switches and make our state a safer place for all.”
Illinois is not the only that has passed or is seeking to pass such gun control measures.
In December, NRA-ILA backed a lawsuit against a ballot measure Oregon voters passed in the 2022 midterm elections that bans magazines capable of holding more than 10 rounds.
In July, the NRA-ILA also backed a lawsuit against Delaware’s new ban on so-called “assault weapons” and “large capacity” magazines.
