Challenge to weapons ban in Cook County upheld by state’s Supreme Court
The ordinance, aimed at “high-capacity, rapid-fire” rifles and pistols,“bans the most popular hunting rifles … that there are in the country,” said Richard Pearson, executive director of the Illinois State Rifle Association, who said he’s “pretty happy” with the Supreme Court ruling.
According to the ruling, “A judge was wrong to throw out the challenge, and so was the appeals court that upheld that ruling,” the court announced as it sent the case back to the judge to hear testimony on whether assault weapons should have the same Second Amendment protection as handguns.
According to the Associated Press, the ban was challenged in a lawsuit filed in 2007 by three Cook County residents who said they had valid reasons to own the weapons, from hunting to target shooting to personal protection and argued that the law was too vague and too broad. A judge rejected their challenge. And the Illinois Appellate Court upheld that ruling.
Later, the U.S. Supreme Court struck down a Chicago city ordinance that essentially banned handguns, holding that the Second Amendment establishes a fundamental right to possess a handgun for self-defense. The Illinois appeals court took another look at the case in light of the new Supreme Court ruling but still found the Cook County ban was constitutional.