A federal appeals court just upheld Illinois’ AR-15 ban — days after the Supreme Court agreed to take up the same fight.
Story Snapshot
- The Seventh Circuit upheld Illinois’ assault weapons ban in a 2-1 ruling, comparing AR-15s to 19th-century bowie knives to justify the restriction.
- A federal district court judge had already struck the same ban down with a permanent injunction, calling it unconstitutional under the Supreme Court’s Bruen standard.
- Both the Trump administration and the Department of Justice filed briefs supporting the injunction, arguing AR-15s are in common use and cannot be banned.
- The Supreme Court has agreed to hear challenges to similar assault weapons bans, and its ruling could overturn the Seventh Circuit’s decision entirely.
What the Seventh Circuit Actually Ruled
In November 2023, a split Seventh Circuit panel upheld Illinois’ Protect Illinois Communities Act, which bans assault weapons and high-capacity magazines. The court used the Supreme Court’s 2022 Bruen framework, which requires the government to show a historical tradition of similar firearm regulations. The panel assumed AR-15s fall under the Second Amendment’s plain text — then concluded Illinois could ban them anyway. That logical move alone should raise eyebrows for anyone who takes constitutional law seriously.
The court’s key historical analogy compared AR-15 restrictions to 19th-century laws targeting bowie knives, which courts of that era called “exceptionally dangerous weapons.” The panel argued that a tradition of regulating dangerous weapons — not an identical historical law — is enough to justify a modern ban. Critics are right to call this a stretch. Bowie knives and semi-automatic rifles are separated by more than a century of technology, context, and constitutional interpretation. Neither Heller nor McDonald blessed this kind of loose analogy.
The Contradiction at the Heart of the Ruling
The Seventh Circuit acknowledged that AR-15s are widely owned by law-abiding Americans for lawful purposes. That matters enormously. The Supreme Court’s Heller decision protects firearms in “common use” from outright bans. The court tried to sidestep this by pointing to the rifle’s higher-velocity rounds and greater lethality compared to handguns. But lethality alone has never been the constitutional test, and the panel never cleanly explained why a gun that qualifies under the Second Amendment’s plain text can still be prohibited. That gap in logic is not a minor flaw — it is the whole ballgame.
The District Court Saw It Differently
Before the Seventh Circuit ruled, U.S. District Judge Steven McGlynn issued a 168-page permanent injunction striking the ban down. He found no historical tradition of prohibiting AR-15s or standard-capacity magazines at the nation’s founding. He also rejected the state’s public safety argument, citing Supreme Court precedent that public safety concerns alone cannot override constitutional rights. That opinion reflects a far more disciplined reading of Bruen than the appeals court’s bowie knife comparison.
🚨 In a 2-1 vote, the Seventh Circuit upheld Illinois's ban on AR-15-style rifles and large-capacity magazines, reversing a federal judge who had struck down the state's Protect Illinois Communities Act after trial. pic.twitter.com/o8zIViXiGM
— SCOTUS Wire (@scotus_wire) July 9, 2026
The Trump administration and the Department of Justice’s Civil Rights Division both filed briefs supporting Judge McGlynn’s injunction. The Justice Department argued the Seventh Circuit had misapplied Bruen and that the government cannot ban firearms simply because they look militaristic or share design features with military weapons. When the executive branch and a federal district court are both on the same side of a constitutional question, that is a signal worth taking seriously.
The Supreme Court Is Now in the Driver’s Seat
The Supreme Court denied review of Barnett v. Raoul in July 2024, but Justices Clarence Thomas and Samuel Alito dissented, emphasizing the widespread civilian use of AR-15s. More importantly, the Court has since agreed to hear challenges to similar assault weapons bans in Cook County, Illinois, and Connecticut. That decision signals the justices are ready to set a clear national standard. Given the Court’s conservative majority and its track record since Bruen, the Seventh Circuit’s ruling looks increasingly fragile.
What Comes Next and Why It Matters
The Supreme Court’s upcoming ruling on assault weapons bans could be the most consequential Second Amendment decision since Heller. If the Court applies Bruen consistently — requiring real historical analogs, not creative comparisons to 19th-century knife laws — bans like Illinois’ will be very hard to defend. Tens of millions of Americans own AR-15-style rifles legally. A ruling that those rifles fall outside constitutional protection would require the kind of historical evidence the Seventh Circuit simply did not produce. The bowie knife gambit was clever. It was not convincing.
Sources:
townhall.com, law.justia.com, michellawyers.com, media.ca7.uscourts.gov, supremecourt.gov, cbsnews.com
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