Supreme Court Urged to Allow AR-15s, Assault Weapons in Chicago
Two national gun rights organizations are urging the U.S. Supreme Court to review a challenge to Cook County, Illinois’ ban on assault weapons, including the AR-15.
The Firearms Policy Coalition and the Second Amendment Foundation filed a petition for a writ of certiorari on Wednesday, asking the Court to weigh in on the legality of the county’s longstanding firearm restrictions. Cook County includes Chicago, where gun violence remains a major public safety issue.
In response, the Cook County State’s Attorney’s Office defended the ban, calling it a “common-sense” regulation aimed at preventing “acts of domestic terrorism committed with military-grade weaponry.”
“We will defend this law in any venue. We are ready for the fight,” the office told Newsweek on Friday.
Why This Case Matters
If the Supreme Court agrees to hear the case, its ruling could have far-reaching effects—not only for Illinois’ statewide assault weapons ban, but for similar laws across the country.
In June, the Court declined to hear a separate challenge to Maryland’s assault weapons ban. However, Justice Brett Kavanaugh indicated that the Court is likely to take up the issue soon.
“Additional petitions for certiorari will likely be before this Court shortly,” Kavanaugh wrote. “In my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two.”
Background on the Ban
Cook County first enacted its assault weapons ban in 1993. It has been revised multiple times and is now known as the Blair Holt Assault Weapons Ban, named after a Chicago teenager who was fatally shot while protecting a classmate in 2007.
The current law bans more than 120 firearms, including the AR-15. However, attorneys for the plaintiffs argue that many of these weapons are widely used and legally owned in most U.S. states.
“Today, the AR-15 is the most popular rifle in the country,” wrote attorneys David H. Thompson, Peter A. Patterson, and William V. Bergstrom in the petition. “These are not a discrete subset of firearms, but semiautomatic firearms that are commonly owned and lawfully used by Americans.”
The case also includes two Cook County residents, Cutberto Viramontes and Christopher Khaya, who say they would legally purchase banned firearms if allowed—specifically, an AR-15 and an IMI Galil semiautomatic rifle.
Constitutional Argument
Lawyers for the plaintiffs argue the ban violates the Second Amendment, stating the AR-15 is a “modern descendant” of firearms traditionally protected under the Constitution.
“If the Second Amendment does not protect it, what could it possibly protect?” they wrote.
Bill Sack, Director of Legal Operations for the Second Amendment Foundation, said this case presents a strong opportunity for the Supreme Court to clarify its stance on assault weapons bans.
“The Supreme Court has indicated its interest in addressing these bans soon, and we believe this case is a solid vehicle for that review,” Sack said.
What’s Next?
The Supreme Court has not yet decided whether it will take up the case.
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