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Wilson v. Cook County

02.20.19

Defending Cook County, Illinois’s prohibition on assault weapons and large-capacity magazines.

Court: Seventh Circuit

Issue at Stake: Assault weapons; Large-capacity magazines

Summary: Everytown filed an amicus brief in the United States Court of Appeals for the Seventh Circuit in defense of a Cook County, Illinois ordinance prohibiting assault weapons and large-capacity magazines. This brief details the long history of regulating especially dangerous weapons, including a century of restrictions on semiautomatic firearms capable of firing a large number of rounds without reloading.

It also demonstrates the circularity and illogic of the “common use” test argued for by plaintiffs, based upon nationwide sales and manufacturing figures, which cannot be reconciled with either the Supreme Court’s decision in Heller or common sense, and is inconsistent with core principles of federalism. And, relying on Everytown’s own research, this brief further explains the substantial relationship between regulating assault weapons and large-capacity magazines and Cook County’s undeniably important interest in preventing and mitigating both mass shootings and daily gun violence.

Decision: Relying on its prior precedent in Friedman v. City of Highland Park, on August 29, 2019, the Seventh Circuit affirmed the district court’s decision rejecting plaintiffs’ Second Amendment challenge to Cook County’s ordinance prohibiting assault weapons and large-capacity magazines.  On June 15, 2020, the U.S. Supreme Court denied certiorari review.

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