In a very positive move for the gun-rights movement, the U.S. Department of Justice (DOJ) is set to present oral arguments in the lawsuit challenging Illinois’ ban on so-called “assault weapons.” Interestingly, in the case Barnett v. Raoul, rather than supporting the ban, the federal government intends to argue that the law violates the Second Amendment right to keep and bear arms.
Illinois Assault Weapons Ban in the Crosshairs
Oral arguments in the case, being heard by the 7th Circuit Court of Appeals, are scheduled to begin on September 23.
Why The Ban Is Unconstitutional
In an amicus brief filed with the court in June, the government argued that the Illinois ban goes too far and completely ignores the directives set down by the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen.
“Three years ago, the Supreme Court issued a landmark decision meant to break a habit developed by some States of treating the Second Amendment as ‘a second-class right, subject to an entirely different body of rules than the other’ constitutional rights,” the DOJ brief stated.
“Regrettably, not every State got the message. Just a few months after Bruen, Illinois outlawed some of the most commonly used rifles and magazines in America via a so-called ‘assault weapons’ ban. In doing so, Illinois violated the Supreme Court’s clear directive that States cannot prohibit arms that are ‘in common use’ by law-abiding citizens for lawful purposes.”
The brief also included an argument of why the DOJ Civil Rights Division should be able to take part in the oral arguments, a request the court later granted.
“This appeal concerns whether Illinois’s Protect Illinois Communities Act, which prohibits so-called ‘assault weapons,’ can withstand scrutiny under the Second Amendment, which protects Americans’ right to ‘keep and bear Arms,’” the filing states. “Because of the federal government’s interest in ‘protect[ing] the Second Amendment rights of all Americans,’ the United States filed a brief as amicus curiae supporting Plaintiffs-Appellees. The United States believes that its participation in oral argument will be helpful to the Court.”
Is Kash Patel On Board?
Interestingly, the oral arguments will begin less than a week after FBI Director Kash Patel testified before the powerful Senate Judiciary Committee that he believed a ban on so-called “assault weapons” could stop some killings. While he stopped short of endorsing legislation for such a ban, his statement seems to directly contradict the DOJ’s efforts in the Illinois case.
Ultimately, the Trump Administration will need to get all of its agency leaders on the same page concerning semi-auto firearms and the right to keep and bear arms. And the sooner the better.
