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National Association for Gun Rights, et al. v. City of Naperville, Illinois, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-1353 · judgment November 3, 2023


Certiorari denied · July 2, 2024
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Is the State of Illinois’ ban of certain handguns constitutional in light of the holding in D.C. v. Heller, 554 U.S. 570 (2008), that handgun bans are categorially unconstitutional?

  2. Is the “in common use” test announced in D.C. v. Heller, 554 U.S. 570 (2008), hopelessly circular and therefore unworkable?

  3. Can the government ban the sale, purchase, and possession of certain semi-automatic firearms and firearm magazines that are possessed by millions of law-abiding Americans for lawful purposes when there is no analogous Founding era regulation?

Counsel of record

For petitioner
Barry Kevin Arrington
Arrington Law Firm

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

Case

Conference history
Distributed for 7 conferences

Amicus briefs
1 cert-stage

Related
Vide, 23-1010, 23-877, 23-878, 23-879, 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 25 2024
    Reply of petitioners National Association for Gun Rights, et al. filed.
  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 15 2024
    Brief amicus curiae of The Buckeye Institute filed. VIDED.
  13. Mar 06 2024
    Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2024, for all respondents.
  14. Mar 05 2024
    Motion to extend the time to file a response from March 18, 2024 to April 15, 2024, submitted to The Clerk.
  15. Feb 12 2024
    Petition for a writ of certiorari filed. (Response due March 18, 2024)