Harrel v. Raoul - Illinois gun ban case

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... The oral argument is scheduled April 12 in East St. Louis.

According to SAF founder and Executive Vice President Alan M. Gottlieb, the State of Illinois is trying to defend historical traditions that do not exist. As noted in the reply brief, “No matter how many policy justifications the State may summon, the Second Amendment, by its ‘enshrinement’ in the Constitution ‘necessarily takes certain policy choices off the table.’ The only constitutionally acceptable justification for banning certain types of arms is if the State demonstrates that such firearms are both ‘dangerous and unusual.’ The State has failed to do so. Instead, the State searches for other historical traditions, but it cannot identify any tradition of banning the most popular rifles or magazines in contemporary society.”

“Illinois is approaching this case as though the Bruen decision in June 2022 doesn’t exist,” Gottlieb observed. “The state seems to think ‘means-end scrutiny’ is still a viable argument, but the Supreme Court’s Bruen ruling eliminated that as a strategy.

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