Attorneys representing the Second Amendment Foundation and its partners in a federal lawsuit challenging the ban on so-called “assault weapons” and “large-capacity magazines” in Illinois have filed a response brief to the state in their effort to have the U.S. Supreme Court grant certiorari in the case, which is known as Harrel v. Raoul.
The petition for certiorari was filed in February. SAF is joined by the Illinois State Rifle Association, Firearms Policy Coalition, C4 Gun Store, Marengo Guns, and a private citizen, Dan Harrel, for whom the lawsuit is named. They are represented by attorneys David G. Sigale in Lombard, Ill., and Peter A. Patterson, William V. Bergstrom and David H. Thompson at Cooper & Kirk, Washington, D.C.
In their brief, SAF and its allies note there are currently ten cases pending in the courts, all dealing with the same issue, so the timing for Supreme Court review is ripe. “Given the ongoing resistance to the core reasoning of Heller and Bruen, (we) respectfully submit that the existence of so many other similar cases cuts in favor of granting certiorari now,” the brief states.
“The Supreme Court has previously recognized the importance of providing guidance on recurring issues impacting constitutional rights,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “As we note in our brief, there is no reason for this issue to ‘percolate’ any longer, and further delaying a decision on such a fundamental rights issue simply prolongs the deprivation of those rights all over the country.”
“Millions of peaceable Americans own modern semiautomatic rifles and standard-capacity magazines,” added SAF Executive Director Adam Kraut. “Millions more should have the same rights, but for bans such as the one being challenged in this case. Such rifles and magazines are commonly-owned by citizens in other states, and by granting certiorari, the high court will recognize the important constitutional question at hand, and provide an answer.”
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
