Has the Supreme Court Already Decided the Illinois Assault Weapon Ban Case?

Published on July 3, 2025
Duration: 8:45

This video, presented by William Kirk of Washington Gun Law, analyzes an amicus brief concerning the Illinois Assault Weapon Ban, consolidated under Barnett v. Raoul. The brief argues that Supreme Court Justices have previously indicated that semi-automatic rifles like the AR-15 are in common use, rendering bans unconstitutional. It addresses the 'dicta' argument by referencing United States v. Bloom, suggesting such statements are persuasive considered expressions.

Quick Summary

An amicus brief in the Barnett v. Raoul case, challenging the Illinois Assault Weapon Ban, argues that Supreme Court Justices have previously acknowledged AR-15s as firearms in common use. This argument, drawing on statements from Justices Thomas, Sotomayor, Kavanaugh, and Kagan, suggests such bans may be unconstitutional.

Chapters

  1. 00:01Introduction: Illinois Assault Weapon Ban Case
  2. 00:55Sponsorship & Illinois Roadtrip
  3. 01:37Protect Illinois Communities Act Challenge: Barnett v. Raoul
  4. 01:57Amicus Brief by 2A Organizations
  5. 02:08Justices' Common Use Opinions on AR-15s
  6. 03:03Cited Cases: Vertical Authority Holdings
  7. 03:26Precedent for AR-15s in Common Use
  8. 04:03Harrel v. Raoul & Justice Thomas's Opinion
  9. 04:20Other Justices' Common Usage Opinions
  10. 05:11Smith & Wesson v. Mexico: Justice Kagan's View
  11. 05:25Remaining SCOTUS Justices' Opinions
  12. 06:13Addressing the Dicta Argument
  13. 06:39United States v. Bloom Analysis
  14. 07:24Conclusion & Next Steps

Frequently Asked Questions

Has the Supreme Court already decided the Illinois Assault Weapon Ban case?

No, the Supreme Court has not directly decided the Illinois Assault Weapon Ban case. However, an amicus brief in Barnett v. Raoul argues that past statements by Supreme Court Justices suggest a consensus that AR-15s are in common use, which could influence the Seventh Circuit's decision.

What is the 'common use' argument regarding AR-15s and gun bans?

The 'common use' argument posits that firearms in widespread lawful possession by ordinary citizens are protected by the Second Amendment. The amicus brief in Barnett v. Raoul cites multiple Supreme Court Justices who have acknowledged AR-15s and similar semi-automatic rifles as being in common use.

How does the amicus brief address the argument that Supreme Court statements are just dicta?

The amicus brief references the case United States v. Bloom, where the Supreme Court discussed the persuasiveness of dicta. It argues that statements about firearms in common use, even if technically dicta, represent a 'considered expression by the Court' and are therefore highly persuasive.

Which Supreme Court Justices have commented on AR-15s being in common use?

According to the amicus brief, Justices Thomas, Sotomayor, Kavanaugh, and Kagan have all made statements indicating that AR-15s and similar semi-automatic rifles are commonly used or available for lawful purposes, suggesting they are in common use.

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