Chicago City Wire

A federal appeals court recently considered the constitutionality of Illinois' gun and magazine bans. The cases, which challenge state and local bans, were heard by a three-judge panel of the Seventh Circuit U.S. Court of Appeals.

Thomas Maag, the plaintiffs’ attorney, was asked if a bazooka should be considered legal under the Second Amendment.

“Probably not because it would be dangerous and unusual,” Maag said, according to a recent report from The Center Square.

“Unusual compared to what,” Judge Frank Easterbrook asked.

“Compared to anything,” Maag said. “Even in the military, they don’t issue manned portable air defense systems like a stinger missile to the average infantryman.”

The plaintiffs argued that the bans violate the Second Amendment, citing the lack of historical precedent for governments to ban commonly owned firearms like AR-15s and magazines with capacities over certain limits. The defense contended that the bans are constitutional and that the banned firearms are dangerous and unusual. The court's decision is anticipated to be appealed to the U.S. Supreme Court, but it may take several months before a ruling is issued.

Gun-owner rights have been a hot topic in Illinois since Democrats outlawed nearly 200 commonly owned firearms and accessories earlier this year. The ban, enacted by Gov. JB Pritzker, prohibits more than 170 semi-automatic firearms and restricts the sale and possession of magazines above certain capacities. Supporters argue that the law is necessary to limit the proliferation of such firearms, while opponents claim that it violates the Second Amendment by banning commonly owned firearms.

“Today the ISRA, SAF and FPC lawsuit Harrel et al v Raoul, Barnett et al v Raoul and three other cases, will be heard in the Seventh Circuit in Chicago,” Richard Pearson, Illinois State Rifle Association (ISRA) executive director, said in a June 29 email newsletter to guns rights supporters. “All parties are suing the State of Illinois regarding the Protect Illinois Communities Act (PICA), more commonly known as the Illinois ‘so-called assault weapons ban’, and the ‘Naperville ban’. Oral arguments for our side will be presented by attorney Erin Murphy, who did a great job in the U.S. District Court for Southern Illinois.”

Pearson added that he is not expecting a ruling for some time.

"Courts set their own schedule,” he said. “There are two likely outcomes regarding PICA. Remember, I am not an attorney. The Seventh Circuit could declare the law unconstitutional. If they declare the law unconstitutional, the court will hopefully issue a stay on the law, preventing it from being enforced. The other outcome is that they would uphold the law as constitutional. Whichever side loses will appeal to the Supreme Court of the United States.”