(WBBM NEWSRADIO) — The U.S. Supreme Court announced Tuesday morning it will not hear a challenge to Illinois’ ban on assault-style weapons. This leaves the state’s ban on semi-automatic weapons, like AR-15s and high-capacity magazines, in place.
The decision is not a ruling on the merits of the case.
Justice Samuel Alito disagreed with the majority, while Justice Clarence Thomas wrote he hopes the Supreme Court will hear the case after lower courts finish with it. Thomas argues the court has not squarely addressed what type of weapons are protected under the Second Amendment.
Illinois lawmakers passed the ban after the Highland Park parade shooting in 2022. Prosecutors in that case say the gunman fired 83 rounds in under a minute.
Several lawsuits challenged the ban, leading an appellate court to preserve it – saying it’s part of a tradition of regulating especially dangerous weapons of the time.
Attorney General Kwame Raoul, a Democrat, released a statement saying he is pleased the law remains in place.
“With today’s Supreme Court decision, the Protect Illinois Communities Act remains the law of the land, and my office will continue to vigorously defend its constitutionality as litigation returns to the lower courts,” the released statement from Raoul read in part.
Ten states and the District of Columbia now have bans on semiautomatic guns often referred to as assault weapons, according to the gun control group Brady, which tracks the legislation.
Other gun cases were also sent back to the lower courts on Tuesday, including a challenge to the law used to convict Hunter Biden.
The moves come after the justices upheld a gun law intended to protect victims of domestic violence last month. That was the first gun rights case following their landmark ruling two years ago expanding gun rights.
The Associated Press contributed to this report.
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