The U.S. Department of Justice (DOJ) has weighed in on a major gun rights case, telling a federal appeals court that Illinois’ 2023 ban on semi-automatic firearms and high-capacity magazines is unconstitutional.
The legal battle is currently before a three-judge panel of the Seventh Circuit U.S. Court of Appeals, following a federal judge’s ruling last fall in the Southern District of Illinois that the law violates the Second Amendment.
The state of Illinois, defending its position, filed briefs last month asserting the ban—which targets more than 170 semi-automatic firearms, including widely owned AR-15-style rifles—is necessary to address public safety concerns, particularly in light of mass shootings.
However, four plaintiff groups challenging the law responded earlier this month, arguing that no historical precedent exists from the founding era for banning firearms in common civilian use.
In a surprising move siding with the plaintiffs, the DOJ submitted a brief on Friday stating that the district court was correct in its decision. The DOJ emphasized that firearms such as the AR-15 are commonly owned for lawful purposes, making a ban on them unconstitutional.
“History confirms what the Second Amendment’s text suggests: Possessing weapons for the common defense was a core aspect of the preexisting right to keep and bear arms that the Founders codified in the Second Amendment,” the DOJ filing stated.
The state is expected to file its final briefs in the coming weeks, after which the court will schedule oral arguments. Legal experts say the case has the potential to become the next major gun rights challenge heard by the U.S. Supreme Court.
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