(The Center Square) – A federal appeals court three-judge panel has taken a case challenging Cook County’s ban on semi-automatic firearms under advisement.
Before Illinois passed a statewide ban on semi-automatic firearms in January 2023, Cook County banned semi-automatic firearms in 1993. The county amended the ordinance several times since then.
Cook County residents Cutberto Viramonte and Christopher Khaya sued in 2021, alleging the ordinance violates their Second Amendment rights. The Northern District of Illinois court ruled in favor of the state.
In front of the appeals court Tuesday, plaintiffs’ attorney Peter Patterson said the defense argument that banned firearms are too similar to military firearms doesn’t hold water.
“No known military in the world uses a semi-automatic only rifle for its standard service rifle and the reason is automatic fire is critical for certain military operations,” Patterson said.
Representing Cook County, Jessica Scheller said the plaintiffs have not made their case.
“Courts have regulated the manner in which persons can use weapons to terrorize other persons,” Scheller said. “We suggest that the Cook County ordinance addresses the same problem for the same reason.”
Scheller told the three-judge panel of Diane Sykes, Michael Brennan and Amy St. Eve that the county’s ordinance must be upheld as previous precedent provides guidance.
“There has always been a cornerstone principle of retreat in the law of self defense and there has always been a moderation principle as it regards to the use of deadly force against another person,” Scheller said.
Patterson said the case is simple, banning commonly owned firearms is unconstitutional.
“Semi-automatic rifles are common rifles,” Patterson said. “We focused on the paradigmatic one for terms of briefing and so again at most that would go to the scope of the remedy. We would still prevail with the AR-15 and the AK47 type that our other plaintiff wants to own.”
The appeals court judges took the case under advisement. The case is different from the Southern District of Illinois federal case decided Friday that Illinois’ gun ban violates the Second Amendment. That is being appealed to the Seventh Circuit.
