Supreme Court sitting on Second Amendment cases — what it means for Illinois PICA

AURORA, IL — The Supreme Court is sitting on multiple Second Amendment cases without taking action, and that silence is creating uncertainty for Illinois gun owners fighting the state's PICA rifle and magazine ban. According to reports from the Washington Examiner, several key firearms cases are stalled at the high court, potentially delaying any relief that could help our fight in Bevis v. Naperville.

Why the Supreme Court's inaction affects Illinois gun owners

When the Supreme Court takes up a Second Amendment case and rules definitively, it creates binding precedent that lower courts — including the Seventh Circuit hearing our case — must follow. But when they sit on cases without granting or denying review, it leaves everyone in limbo.

This matters directly for Illinois gun owners because we're still waiting for the Seventh Circuit to issue its decision in Bevis v. Naperville. The three-judge panel heard oral arguments where DOJ attorney Harmeet Dhillon argued on our behalf, but they haven't ruled yet. If the Supreme Court were to take up and decide a similar case involving so-called "assault weapon" bans, it could dramatically strengthen our position.

What cases the Supreme Court is holding

The Washington Examiner reports that several Second Amendment cases are pending before the Court, though the specific details weren't provided in today's findings. What we know is that firearms cases have been piling up at the Supreme Court level, and the justices seem reluctant to take them up for full review.

This isn't necessarily bad news for our side. Sometimes the Court waits to see how lower courts apply existing precedent like Bruen before stepping in again. But it does mean uncertainty continues for people walking into my shop in Aurora asking when they'll be able to legally buy the rifles Illinois banned under PICA.

Where Bevis v. Naperville stands today

As of this writing, we're still waiting for the Seventh Circuit to issue its decision. The oral argument went well — the judges pressed Illinois hard on their arguments, and having the DOJ on our side made a real difference. But court decisions take time, especially in cases this significant.

The Supreme Court's delay in taking up similar cases means we can't count on immediate relief from above. We have to win at the Seventh Circuit level first. If we do win there and Illinois appeals to the Supreme Court, then we'd be in the position of asking the justices to uphold a victory rather than hoping they'll take up a loss.

What this means for my customers buying firearms in Illinois

Right now, nothing changes day-to-day. The PICA ban remains in effect, which means we can't sell the rifles and magazines that Illinois classified as prohibited. Customers still ask me every day when this will be over, and I have to tell them the same thing: we're fighting as hard as we can, but court cases take time.

The Supreme Court's reluctance to act quickly on Second Amendment cases is frustrating, but it's not uncommon. Major constitutional questions often take years to work their way through the system. What matters is that we keep pressing forward at every level.

We relocated from Naperville to Aurora because of these unconstitutional bans. We filed the lawsuit that became the lead case challenging PICA. We got the DOJ to file an amicus brief supporting us. And we're not stopping until Illinois gun owners get their rights back.

We keep watching. We keep fighting. And we keep serving the people who refuse to be treated like second-class citizens for exercising a constitutional right.

— Robert Bevis, Law Weapons & Supply