Barnett v. Raoul – Do It For The Caselaw

Holding: The Seventh Circuit held that the Illinois Act's restrictions on AR-15s and large-capacity magazines are constitutional because they are consistent with the Nation's historical tradition of firearm regulation.
Standard: Bruen step two
Vote: Panel Decision
Practical effect: The reversal allows the state of Illinois to enforce the ban on assault weapons and large-capacity magazines, ending the district court's order that had prohibited enforcement against anyone.

The Seventh Circuit reversed a district court injunction that had blocked Illinois from enforcing its ban on assault weapons and large-capacity magazines. The appellate court held that these restrictions are consistent with the Nation's historical tradition of firearm regulation under the Second Amendment.

Background

In 2023, Illinois enacted the Protect Illinois Communities Act, which criminalized the possession and sale of assault weapons and large-capacity magazines. Plaintiffs challenged the law, and a district court issued a permanent injunction, ruling the Act violated the Second Amendment. The state appealed, and the Seventh Circuit consolidated the case with similar challenges from other districts.

The court’s reasoning

The court applied the two-step framework from New York State Rifle and Pistol Association versus Bruen. Assuming the regulated items are arms, the court focused on the second step, requiring the government to show the regulation is consistent with the Nation’s historical tradition. The court found that historical laws regulating particularly dangerous weapons, such as Bowie knives, support the modern ban on AR-15s and large-capacity magazines. The court noted that the Act imposes a limited burden on self-defense because such weapons are rarely used in defensive incidents.

What it means going forward

The reversal allows the state of Illinois to enforce the ban on assault weapons and large-capacity magazines, ending the district court’s order that had prohibited enforcement against anyone.