Gun Owners of America (GOA) and its sister organization, the Gun Owners Foundation, have taken their fight for Second Amendment rights to the U.S. Supreme Court. The groups, representing over 2 million Illinois gun owners, have filed a petition for certiorari challenging the constitutionality of Illinois’ strict rifle ban, known as the Protect Illinois Communities Act (PICA).
According to GOA, the law imposes an unconstitutional ban on hundreds of commonly owned rifles and ammunition magazines, leaving law-abiding citizens unable to purchase and possess these firearms. The organizations argue that PICA infringes upon the Second Amendment rights of millions of Americans.
Erich Pratt, senior vice president of Gun Owners of America, stated, “While our goal was never to have to end up before the Supreme Court, we were fully prepared to do so. We urge the Justices to hear the pleas of millions of Americans in Illinois and several other states nationwide who cannot purchase many of the commonly owned semiautomatic firearms available today because of the unconstitutional laws passed by anti-gun politicians.”
Illinois Governor J.B. Pritzker, a Democrat, signed the sweeping legislation into law in 2023. The law imposes penalties on individuals who carry, possess, manufacture, sell, deliver, import, or purchase any assault weapon or .50 caliber rifle. It also includes statutory penalties for possessing or purchasing any assault weapon attachment or .50 caliber cartridge. Additionally, the law bans the use of kits or tools that increase the fire rate of a semiautomatic weapon and sets limits on certain magazine purchases.
The Protect Illinois Communities Act was enacted in response to the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen. However, a federal judge in the Southern District of Illinois initially ruled in favor of the plaintiffs, finding that PICA violated the Second Amendment rights of Illinois residents. The judge blocked the state from enforcing the assault weapons ban, stating that it restricted the right to self-defense.
Despite the initial ruling, the 7th Circuit Court of Appeals overturned the decision and allowed the law to take effect on January 10, 2024. This led to confusion among law-abiding gun owners, who faced a deadline of January 1 to register their assault weapons with the state police. Illinois Second Amendment groups reported high rates of noncompliance and confusion among gun owners.
Out of over 2.4 million Firearm Owner Identification (FOID) cardholders in Illinois, only 112,350 disclosures were filed as of December 31, 2023, according to state police data. Another 29,357 disclosures were in progress as of January 6. Gun rights activists attribute the apparent high rates of noncompliance to a combination of ignorance about the law’s requirements and civil disobedience.
Gun Owners of America and the Gun Owners Foundation are optimistic that the Supreme Court will hear their case and rule in favor of protecting Second Amendment rights. Sam Paredes, a board member of the Gun Owners Foundation, criticized Governor Pritzker and the Illinois General Assembly for defying the Supreme Court and the Constitution with the assault weapons ban. Paredes expressed hope that the Supreme Court would clarify that such bans are incompatible with the Second Amendment.
The Supreme Court’s decision in this case could have significant implications for millions of gun owners across the country. Gun rights advocates are eagerly awaiting the Court’s ruling, which will determine the constitutionality of Illinois’ strict rifle ban and potentially set a precedent for other states with similar laws.
