Supreme Court Won't Hear Appeal Against Illinois Assault Weapons Ban – NBC Chicago

The U.S. Supreme Court ruled Tuesday not to uphold a challenge to Illinois' assault weapons ban, allowing the 18-month-old Illinois Community Protection Act to remain in effect.

“This is great news for those of us fighting to reduce gun violence in Illinois,” said state Rep. Bob Morgan of Highland Park.

Morgan was the lead sponsor of the law, which bans the sale of assault weapons and high-capacity magazines like those used in the July 4 attack two years ago that killed seven people and wounded dozens more in suburban Highland Park.

“This week and month is extremely difficult for my community. Many people are still struggling. In fact, some are still physically healing,” he said.

Attorney General Kwame Raoul issued a statement saying he was pleased the law would remain in force.

“With today’s Supreme Court decision, the Protect Illinois Communities Act remains the law of the land, and my office will continue to vigorously defend its constitutionality as the litigation returns to the lower courts,” he said.

The Supreme Court decided not to hear the case in part because it is still before the Seventh Circuit Court of Appeals. Second Amendment advocates said they were disappointed by the decision.

“It’s certainly an issue that would have benefited a number of courts in terms of clarification, but at the same time, it’s not surprising to see it addressed from a procedural perspective,” said Adam Kraut, executive director of the Second Amendment Foundation.

Conservative Justices Samuel Alito and Clarence Thomas said they would have allowed the Supreme Court to hear oral arguments in the case. Thomas issued a statement saying that “if the Seventh Circuit ultimately allows Illinois to ban the most common civilian rifle in the United States, we can — and should — revisit that decision once the cases are finally decided.” Thomas added, “The Court should not allow the Seventh Circuit to relegate the Second Amendment to a second-class right.”

Other appeals to the Illinois ban are pending in federal court, two in the Northern District of Illinois, one in the Southern District. Brady United’s legal director, Doug Letter, said the anti-gun violence group was “extremely pleased” with the Supreme Court’s decision. He added that the issue would return to the Supreme Court in the future.

“Whether it's in these Illinois cases or in cases from other federal courts in the United States, who knows,” he said.

Letter said he expects the Illinois law to withstand judicial scrutiny.

“I think we have a very, very strong case here,” he said.

An attorney representing the Highland Park victims and their families said the court's decision comes at a particularly sensitive time.

“This day will be a constant reminder of the tragedy,” Michael Bonamarte said. “I hope the victims, my clients and other victims find comfort in this decision.”