Federal Firearms Licensees of Illinois (FFL-IL) and Guns Save Life have joined the National Shooting Sports Foundation (NSSF) and other petitioners in filing a reply brief in support of their effort to have the Supreme Court review and reverse the Seventh Circuit’s disastrous ruling in Bevis v. City of Naperville. There, the appellate court reversed the preliminary injunction gun owners won from Judge McGlynn by deciding that Illinois could ban many of the most popular firearms in the country because if a gun is used by the military, it is entirely unprotected by the Second Amendment. While disappointing, and completely not in line with Bruen, the ruling was also not shocking given that the panel included one of the same judges the Supreme Court reversed before in McDonald v. Chicago. Because of the Bevis ruling, popular firearms and magazines remain illegal to acquire in Illinois for now.
Getting the Supreme Court to review a case before a final judgment is usually a tall order, as the Court prefers to avoid wading into preliminary matters. But some factors unique here may entice the justices to wade in now. Following the filing of our petition for certiorari in February, Illinois filed an opposition brief a couple of weeks ago which practically seemed to dare the Court to take action now.
The California Rifle & Pistol Association published an excellent summary of where things may go from here. To read it, click here.
The Supreme Court could take any number of actions from here. It could grant certiorari in full and hear the case in its next term. If that happens, the parties will submit more complete briefs on the merits, and oral argument will be heard likely sometime in the fall. Another alternative is for the Court to grant certiorari, vacate the Seventh Circuit’s ruling, and remand it back to that court for further proceedings. This would be a scenario in which the Supreme Court is not quite ready to hear the case but does want to give the Seventh Circuit guidance on how to correct errors in its legal analysis. Finally, there is always the possibility that the Court opts to deny review entirely, preferring to hear the case following a final judgment. Lawyers are currently working hard in the trial court to move the case to a final judgment as fast as possible, should it be forced to take that longer path. Regardless, FFL-IL , Guns Save Life, NSSF, and Second Amendment Law Center are committed to restoring the Second Amendment rights of Illinois residents.
The Second Amendment Law Center has been key in developing amicus briefing for cases all over the country considering some of these complex cases. Please join us as we coordinate the issues in these cases and file briefs to support the work going on across the country. Support our efforts by donating below…and remember to subscribe for updates!