Seventh Circuit Upholds Cook County's Assault Weapon Ban
Last week, the Seventh Circuit Court of Appeals upheld Cook County, Illinois' assault weapon ban against a Second Amendment challenge. Wilson v. Cook County, (7th Cir., August 29, 2019).
In 2006, Cook County adopted an ordinance making it illegal to "manufacture, sell, offer or display for sale, give, lend, transfer ownership of, acquire, carry or possess" an assault weapon or large-capacity magazine in Cook County. Shortly after enactment of the ordinance, three county residents sued the county claiming that the ordinance violated various provisions of the U.S. constitution and exceeded the county's police powers. The Illinois Supreme Court dismissed most of these claims, but remanded the Second Amendment claim. The plaintiffs voluntarily dismissed the case at that time.
In 2015, the City of Highland Park enacted its own ban on assault weapons and large-capacity magazines which was also challenged on constitutional grounds. The Seventh Circuit Court of Appeals upheld that ordinance in 2015 in the case of Friedman v. City of Highland Park.
In 2017, two Cook County residents refiled their lawsuit against Cook County, including their previously dismissed due process and equal protection claims and the Second Amendment claim. The case was removed to federal court where it was dismissed by the district court.
On appeal, the Seventh Circuit Court of Appeals reviewed the claims in light of its decision in the Friedman case involving the challenge to Highland Park's ordinance. The Seventh Circuit first noted that the Cook County ordinance was nearly identical to the Highland Park ordinance that the court had previously upheld. Second, the Court rejected the residents' argument that the Friedman case should be reconsidered, finding that its earlier ruling was still valid. Specifically, the Court determined that an assault weapons ban does not offend the Second Amendment because it does not leave residents without a means of self-defense. Third, the Court held that the U.S. Supreme Court's decision in Heller that struck down D.C.'s firearm ban, finding that an assault weapon ban is not "as sweeping as the complete handgun ban at issue in Heller."
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