NSSF Reacts to SCOTUS Denial of Illinois MSR Ban Challenge

NSSF®, The Firearm Industry Trade Association, is disappointed by the U.S. Supreme Court’s denial of a writ of certiorari in Barnett v. Raoul, one of several challenges to Illinois’ bans on Modern Sporting Rifles (MSRs) and standard-capacity magazines. The decision not to review the U.S. Court of Appeals for the Seventh Circuit’s decision at this early stage of the litigation, while disappointing, does not mean the Supreme Court will not review the matter later after final judgment.
The Supreme Court denied review now because the U.S. Court of Appeals has not yet issued a final judgment. Justice Samuel Alito, however, would have granted the petition now. Justice Clarence Thomas wrote, “This Court is rightly wary of taking cases in an interlocutory posture. But, I hope we will consider the important issue presented by these petitions after the cases reach final judgment.”
Justice Thomas concluded Illinois’ bans are “highly suspect,” finding it “difficult to see how the Seventh Circuit could have concluded that the most widely owned semiautomatic rifles are not ‘Arms’ protected by the Second Amendment.” Read more