A gun rights group has asked the Supreme Court to take up its challenge to Illinois’ semi-automatic rifle ban, which defines them as any firearm that can carry more than 10 rounds.
The Second Amendment Foundation says the state’s law, passed in the wake of the high court’s 2022 decision in New York State Rifle & Pistol Association Inc. v. Bruen, runs afoul of the high court’s guidance on firearms, which says any gun in common use is lawful.
“The firearms banned by Illinois are commonly and overwhelmingly possessed by law-abiding citizens for lawful purposes,” the petition reads.
The pro-gun group says the use of semi-automatic firearms for unlawful reasons is “exceedingly rare.”
“In fact, it is ordinary handguns that are the firearm of choice of criminals,” reads the group’s petition, filed Monday.
The 7th U.S. Circuit Court of Appeals ruled against the challenge, reasoning that semi-automatic firearms are not protected under the Second Amendment.
The justices ruled in a 2022 landmark opinion in New York State Rifle & Pistol Association Inc. v. Bruen that any gun control measure must be consistent with the nation’s history and tradition dating back to the founding.
The decision resulted in several blue states seeking ways to reshape their gun control measures.
The high court’s 2022 decision built upon its 2008 precedent in District of Columbia v. Heller that said any firearm in common use for self-protection is protected under the Second Amendment.
It would take four justices to vote in favor of hearing the challenge.
The case is Harrel v. Raoul.