Posted on November 28, 2011
Case Information: Wilson v. Cook County, No. 112026 (Ill., filed Nov. 18, 2011)
At Issue: Challenging county ordinance prohibiting sale or possession of assault weapons and large capacity ammunition magazines. Wilson involves a Second Amendment challenge to Cook County, Illinois’ ordinance prohibiting the sale or possession of assault weapons and large capacity ammunition magazines.
LCPGV’s Brief: Our brief argues that the Second Amendment does not protect the possession of assault weapons and large capacity ammunition magazines. Even if the Illinois Supreme Court finds that assault weapons and large capacity magazines do implicate the Second Amendment, the brief continues, Cook County’s ordinance banning them would satisfy review under any level of scrutiny. The brief was joined by the City of Chicago, the Major Cities Chiefs Association, and the Association of Prosecuting Attorneys. The court held that plaintiffs sufficiently pleaded a cause of action to withstand a motion to dismiss the Second Amendment challenge. Due to the limited record available at this point in the case, the court remanded the case for further proceedings to inquire “into the facts bearing on [the] issue of constitutional law.”