Assault Weapon AR-15 assault rifle
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NSSF issued a statement today, declaring their disappointment with the U.S. Supreme Court’s denial of a writ of certiorari in Barnett v. Raoul, one of several challenges to Illinois’ bans on Modern Sporting Rifles (MSRs) and standard-capacity magazines. The decision not to review the U.S. Court of Appeals for the Seventh Circuit’s decision at this early stage of the litigation, while disappointing, does not mean the Supreme Court will not review the matter later after final judgment.

The Supreme Court denied review now because the U.S. Court of Appeals has not yet issued a final judgment. Justice Samuel Alito, however, would have granted the petition now. Justice Clarence Thomas wrote, “This Court is rightly wary of taking cases in an interlocutory posture. But, I hope we will consider the important issue presented by these petitions after the cases reach final judgment.”

Justice Thomas concluded Illinois’ bans are “highly suspect,” finding it “difficult to see how the Seventh Circuit could have concluded that the most widely owned semiautomatic rifles are not ‘Arms’ protected by the Second Amendment.” He added, “But, if the Seventh Circuit ultimately allows Illinois to ban America’s most common civilian rifle, we can—and should—review that decision once the cases reach a final judgment. The Court must not permit ‘the Seventh Circuit [to] relegat[e] the Second Amendment to a second-class right.’”

“We are disappointed the U.S. Supreme Court chose not to accept this challenge at this time to what is clearly an unconstitutional law,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “The Modern Sporting Rifle – or AR-15-style rifle – is the most popular-selling centerfire rifle in America, used for lawful purposes every day. That includes recreational target shooting, hunting and self-defense. These rifles are clearly ‘Arms’ that are protected by the Second Amendment for law-abiding citizens to keep and bear.”

There are over 28.1 million MSRs in circulation today, more than there are Ford F-150s on the road today – the most popular-selling pick-up truck in America.

The challenge to Illinois’ ban on MSRs and standard-capacity magazines, Barnett v. Raoul, will now proceed to trial later this year in the U.S. District Court for the Southern District of Illinois.

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24 COMMENTS

  1. “Justice Clarence Thomas wrote, “This Court is rightly wary of taking cases in an interlocutory posture. But, I hope we will consider the important issue presented by these petitions after the cases reach final judgment.””

    That’s as clear as it gets they are interested, so just chill the fvck out people, they will when the time is right…

    • It is a long and expensive legal marathon to restore rights and remove legal tools from the state. We are still waiting on decisions from the 2nd circuit from almost 2 years ago with one being reconsidered re Rhamini. Pass laws upholding gun rights wherever you can and push against existing laws where you can’t as we are not likely to have as clear an opportunity to fight back for many years to come whenever the Dems can get the court stacked their way again (getting there at the various circuit levels).

      • Modern Sporting Rifles sounds Woke, Weak, Apologetic and it’s a slap in the face for Stoner et al.
        Instead if peeing on the justices’ robes by trying to counter the concocted Assault Weapon label with a concocted MSR label why not grow a pair and Define Gun Control in court as an Agenda Rooted in Racism and Genocide? Rights taken by an Agenda Rooted in Racism and Genocide…Sieg Heil.

    • thomas very explicitly called out military vs non military arms. does anyone want to remind these guys that miller was decided on the premise that his sawed off had no value in military service and was therefore not protected?

      That will be the contradiction that kills the nfa. regulation of military arms based on a decision saying the 2a was for military arms.

      • Tell the tunnel rats that sawed off shotguns, long with 1911s, weren’t suitable for military service….many a long barrel met with a hacksaw….

  2. “…more than there are Ford F-150s on the road today…”

    annually there ~900 people (collectively) killed/injurered in vehicle crashes in which the driver of a Ford F-150 was at fault.

    Statistically, on a single type of vehicle basis, annually that’s more than 1000 times those killed/injurered in any crime type shooting with any MSR.

    ban Ford F-150’s.

    • correction and clarification for: “more than 1000 times ”

      that should have been, (with clarification added here) …

      more than 1000 times more likely (a person would be killed/injured in vehicle crash involving a Ford F-150) (than) those killed/injured in any crime type shooting with any MSR.

  3. I have to agree with the USSC allowing the process to continue. Were they to intervene prematurely it would effect the end result of the decision in the Appeals Court. The legal process exists, as maddening as it is, to properly handle cases.

    To quote Justice Clarence Thomas (many years ago) the legal system is a maddeningly slow, complicated and frustrating. If you can show me a better process I would use it.

    • I agree with waiting. Theyre already thinking we have the court stacked in our favor, especially w the results of late. Lets not mix in with their Trump hatred right now and maybe fly under the radar for a bit. At least until November. Although they usually step on our necks any chance they get.

    • “the legal process exists, as maddening as it is”, to empoverish the citizen seeking justice.

  4. While people always want a decision on every case the court weighs unintended consequences heavily. When the right case comes along the court will take it.

  9. Don’t care what the NSSF thinks. These are the same guys who were for the Bi-partisan Safer Communities Act a couple of years ago. They support Redflag laws and safe-storage requirements for firearms. F those guys.

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