The Supreme Court on Tuesday turned away a challenge to an Illinois law banning certain semi-automatic rifles and large-capacity magazines, leaving the measure intact.
The court declined to review a decision from the U.S. Court of Appeals for the 7th Circuit that preliminarily upheld Illinois’ prohibition on assault-style weapons. The challenge to the ban has been before the justices twice before, though in an emergency posture, and they have declined to block the law while legal proceedings played out.
Its rejection comes on the heels of the justices’ decision not to consider the constitutionality of a similar law from Maryland, though they were asked to weigh in before a federal appeals court has ruled. Ten states, including Illinois, and the District of Columbia have laws that prohibit the possession of certain assault-style weapons.
Justice Samuel Alito said he would have granted the bid to consider the ban’s constitutionality. In a separate statement, Justice Clarence Thomas noted that the case remains in the early stages and hopes the Supreme Court will consider the issues raised by the challengers after the 7th Circuit renders its final decision in the case.
“It is difficult to see how the Seventh Circuit could have concluded that the most widely owned semiautomatic rifles are not ‘Arms’ protected by the Second Amendment,” Thomas wrote.
Illinois passed its law outlawing semi-automatic “assault weapons” and large-capacity ammunition feeding devices in 2023, after a gunman killed seven people and wounded 48 at an Independence Day parade in Highland Park in 2022. Armed with an AR-15-style rifle and 30-round magazines, the suspected shooter fired 83 rounds in less than a minute, according to court filings.
