National Association for Gun Rights Criticizes Lies About Illinois’ Semi-Auto Ban

On May 10, 2023, representatives from the National Association for Gun Rights issued a rebuttal to the State of Illinois to the United States Supreme Court.

On May 1, Supreme Court Justice Amy Coney Barrett called for additional information from the State of Illinois and City of Naperville, calling on them to explain why they believe their “assault weapons” ban laws are constitutional. 

On May 9, the state and city submitted their responses. 

Lawyers for the state contended that AR-15s are not protected by the Second Amendment by arguing that they are not in common use. Therefore, these weapons are not safeguarded by the Second Amendment. For that reason, the Illinois state government believes that the state’s prohibition on “assault weapons” should stay in place.

On top of that, the state argued that the Second Amendment does not protect “large-capacity magazines,” due to how they are not “arms.”

NAGR issued its response on May 10, 2023.

One section from the brief stands out in particular: 

The State makes the argument that the banned firearms are not indisputably ‘arms’ within the Second Amendment’s plain text. This is more than just incorrect; it defies common sense. All firearms are arms. ‘[T]he Second Amendment extends, prima facie, to all instruments that constitute bearable arms.’ Therefore, the text of the Second Amendment, prima facie, extends to the banned firearms.

In addition to the brief, Dudley Brown, President of NAGR, issued the following statement:

The Illinois Attorney General is not only spitting on the Constitution, but apparently he is also historically illiterate. The Second Amendment has always applied to a wide variety of ‘arms,’ including AR-15s and various types of ammunition. Plus, to argue AR-15s aren’t in common use despite being the most popular rifle in America with hundreds of millions in circulation is flat out ludicrous.

NAGR teamed up with its legal arm, the National Foundation for Gun Rights (NFGR) to file a lawsuit against both the city of Naperville and the state of Illinois on behalf of Robert Bevis, a gun store owner operating in Naperville. Should these bans remain in place Bevis’ business is expected to go under .

On May 1, the U.S. Supreme Court showcased its interest in issuing an Injunction Pending Appellate Review.If this injunction is granted, it would stop both the state and local laws banning so-called “Assault Weapons.”

Currently, NAGR and the state of Illinois are waiting to hear back from the Supreme Court to see if the requested injunction is granted.

Individuals interested in this case can find NAGR’s full brief here:

NFGR’s mission consists of expanding pro-gun precedents and defending gun owners through the legal system. More information on NFGR can be found here:

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