(The Center Square) – Challenges to local and state gun bans in Illinois could be the next case in front of the U.S. Supreme court on the “AR-15 issue.”
The U.S. Supreme Court on Monday declined to take up a challenge to Maryland’s ban, The Center Square reported. In the order, Justice Brett Kavanaugh said whether a state can ban an AR-15 is a question he expects the court to take up, but not right now.
“Although the Court today denies certiorari, a denial of certiorari does not mean that the Court agrees with a lower-court decision or that the issue is not worthy of review,” Kavanaugh wrote.
Arguing the U.S. Supreme Court should have taken the Maryland case, Justice Clarence Thomas wrote AR-15s are arms protected by the Second Amendment.
“Tens of millions of Americans own AR–15s, and the ‘overwhelming majority’ of them ‘do so for lawful purposes, including self-defense and target shooting,’” Thomas wrote. “Our Constitution allows the American people – not the government – to decide which weapons are useful for self-defense.”
Second Amendment Foundation’s Alan Gottlieb said the justices had a full docket this term but is confident the issue will be addressed.
“I really like what the Supreme Court justices [had] written,” Gottlieb told The Center Square Tuesday. “That’s why I have really good faith that they’re going to take another case … The question is when. They really overloaded this session and it’s a real problem.”
Kavanaugh noted several other cases pending in the federal appeals courts, including a case challenging Cook County and Illinois’ ban. Gottlieb is a plaintiff in Viramontes v. Cook County.
“It’s a great possibility that can be one that gets to the Supreme Court or another case out of Illinois, because there are so many of them,” he said. “They’re already even ahead of schedule on that one. It’s very likely an Illinois case is what the Supreme Court will hear.”
Monday, the Seventh Circuit U.S. Court of Appeals affirmed the district court’s ruling in favor of the state and the county, queuing the Viramontes case for a possible appeal to the U.S. Supreme Court.
The Southern District case where a judge found the state’s gun ban unconstitutional is pending in the appeals courts with plaintiffs scheduled to file their reply brief Friday.
