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Gun Owners of America, Inc., et al. v. Kwame Raoul, Attorney General of Illinois, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-1828 · judgment November 3, 2023


Certiorari denied · July 2, 2024
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner, and down for a state or local-government respondent.

Question presented

This Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), triggered several states to enact retaliatory measures designed not just to negate the protections for gun rights afforded by Bruen, but to clamp down on the right to keep and bear arms even more than before Bruen was decided. Illinois responded to Bruen with a law that bans millions of the most commonly owned firearms and ammunition magazines in the nation. After a district court enjoined this patently unconstitutional statute, a panel of the Seventh Circuit became the first federal appellate court to uphold such a law after Bruen, over a strong dissent. Concluding that the Second Amendment’s two clauses have no relation to one another, the Seventh Circuit contrived an atextual and ahistorical distinction between “military-grade weaponry” and “civilian weaponry,” asserting that millions of common arms are “similar” enough to “military weapons” that they fall on “the military side of that line” and thus are not “Arms” at all. The question presented is: Whether Illinois’ categorical ban on millions of the most commonly owned firearms and ammunition magazines in the nation, including the AR-15 rifle, violates the Second Amendment.

Counsel of record

For petitioner
Robert Jeffrey Olson
William J. Olson P.C.

For respondent
Jane Elinor Notz
Office of the Attorney General, State of Illinois

Case

Conference history
Distributed for 7 conferences

Related
Vide, 23-877, 23-878, 23-879, 23-880, 23-944

Proceedings

  1. Jul 02 2024
    Petition DENIED. Justice Alito would grant the petition for a writ of certiorari. Statement of Justice Thomas. (Detached Opinion)
  2. Jun 28 2024
    DISTRIBUTED for Conference of 7/1/2024.
  3. Jun 17 2024
    DISTRIBUTED for Conference of 6/20/2024.
  4. Jun 10 2024
    DISTRIBUTED for Conference of 6/13/2024.
  5. Jun 03 2024
    DISTRIBUTED for Conference of 6/6/2024.
  6. May 28 2024
    DISTRIBUTED for Conference of 5/30/2024.
  7. May 20 2024
    DISTRIBUTED for Conference of 5/23/2024.
  8. Apr 30 2024
    DISTRIBUTED for Conference of 5/16/2024.
  9. Apr 30 2024
    Reply of petitioners Gun Owners of America, Inc., et al. filed. (Distributed)
  10. Apr 15 2024
    Brief of respondents Illinois, et al. in opposition filed. VIDED.
  11. Apr 15 2024
    Brief of Cook County Respondents in opposition filed. VIDED.
  12. Mar 11 2024
    Petition for a writ of certiorari filed. (Response due April 15, 2024)