(The Center Square) – By this time next year, the question will be decided by the U.S. Supreme Court about whether Illinois or any other state can ban semi-automatic firearms, a gun rights advocate believes.
The Seventh Circuit U.S. Court of Appeals this week set oral arguments for a case challenging Illinois’ gun ban for Sept. 22. The case is on appeal from the Southern District of Illinois where a federal judge found the 2023 law unconstitutional.
Illinois State Rifle Association Executive Director Richard Pearson said the case could be in front of the U.S. Supreme Court early next year with a potential for final judgement by this time next year.
“Well, I’m all happy about that,” Pearson told The Center Square. “I look forward to those oral arguments. Actually, I want to get our side of the story out there. I think it’s important. I think we have the preponderance of evidence by far on our side. So I think that we’re going to do well in this case.”
The arguments expected are that the banned firearms are in common use and therefore cannot be restricted while the state says they are dangerous and restrictions are necessary because of unprecedented societal concerns over mass shootings.
The state files its final appeals brief in the case July 28.
Friday marks three years since the Highland Park Independence Day mass shooting where seven died and dozens were injured. Legislators pointed to the crime as one of the reasons to approve the gun ban in 2023.
Asked last month about the U.S. Department of Justice siding with plaintiffs that the ban is unconstitutional, Gov. J.B. Pritzker said the DOJ is “wrongheaded.”
“They obviously don’t understand the damage that’s being done across the country where there are no assault weapons bans,” Pritzker said June 16.
Pearson said the DOJ filing is strong and he expects gun rights arguments to win in the end.
“You can’t make a law because some bad people, less than one tenth of 1%, do bad stuff with things, because there wouldn’t be any product left on the market of anything,” Pearson said.
