SCOTUS declines to take on Illinois assault weapon ban case

SPRINGFIELD, Ill. (NEXSTAR) — The U.S. Supreme Court will not take on the case against the Illinois assault weapon ban, yet.

The court had the opportunity to rule on whether the law should remain in effect or not while the rest of the legal battle plays out, but with this decision, the law remains in effect. That means it is still illegal for certain guns and attachments to be sold in Illinois, and anybody who owned one of these guns prior must register them with the state.

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Supporters of the law celebratred Tuesday.

“Everything has been really affirming and consistent with what we had said all along, which that these laws are legal and constitutional and they’re effective,” Rep. Bob Morgan (D-Highland Park) said.

The decision to not hear this case does not mean the court won’t take it up later. Justice Clarence Thomas issued a statement with the decision, calling the law “highly suspect”
and Justice Samuel Alito said he would like to have the case of this law in front of the court eventually.

The Illinois State Rifle Association is viewing that as a positive sign.

We’re not going to give up on this case,” Executive Director Richard Pearson said. “This law is wrong. It affects many people in Illinois, and it should be overturned.”

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But Morgan, the lead sponsor of the law, said the concern from those justices in particular was expected.

“if there were nine justices or five justices that agree with Justice Thomas, there would have been a different decision today,” Morgan said. “So it shows you that they do not have a majority of the court that are really extremists on guns.”

The two sides will meet for a hearing at the Southern District of Illinois federal courthouse in East St. Louis in September. That case will decide whether or not the law is constitutional.

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