Appeals court upholds Illinois semiautomatic weapons ban amid litigation
Seventh Circuit upholds Illinois assault weapons ban; Supreme Court case likely ahead.
Event / Politics
Supreme Court rulings expanding Second Amendment protections, including decisions on gun ownership restrictions and marijuana use
2026-08-16 to 2026-11-13 · UTC publication dates
Coverage begins 19 Jun, 01:04 UTC
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The Protect Illinois Communities Act, signed into law in 2023 by Governor JB Pritzker, bans AR-15 rifles and similar semiautomatic weapons, large-capacity magazines, and certain attachments. The law was enacted in response to a 2022 shooting in Highland Park that killed seven people and injured over three dozen.
The U.S. Supreme Court announced it will consider whether bans on semiautomatic rifles, often called assault weapons, violate the Second Amendment. The court is expected to hear appeals challenging both the Illinois statewide ban and a Chicago area ban in the fall.
A gunman opened fire from a rooftop on an Independence Day parade in Highland Park, a Chicago suburb, killing seven people and injuring more than three dozen. This shooting prompted the passage of Illinois's semiautomatic weapons ban.
The National Shooting Sports Foundation, a firearms industry trade association that challenged the Illinois ban, expressed disappointment with the appellate court decision and announced plans to seek review by the U.S. Supreme Court.
The U.S. Court of Appeals for the Seventh Circuit upheld Illinois's ban on semiautomatic weapons in a 2-1 decision, overturning a lower court ruling that had found the ban unconstitutional. The court determined that the Illinois law does not violate the Second Amendment and is consistent with the nation's tradition of firearm regulation.
A federal judge in 2024 overturned the Illinois semiautomatic weapons ban, leaning on recent U.S. Supreme Court rulings that strictly interpret Second Amendment rights. An injunction was set to take effect 30 days after the decision, but Illinois Attorney General Kwame Raoul filed a notice of appeal, resulting in a stay of the injunction.
More than half of U.S. states have now legalized marijuana broadly, and it has gained widespread use for health purposes. Recreational use remains illegal at the federal level despite the Trump administration reclassifying medical marijuana as a less-dangerous drug in April.
Since the 2022 Supreme Court landmark ruling expanding gun rights, the Court has upheld laws aimed at protecting victims of domestic violence and strict regulations on ghost gun kits. The Court also struck down a ban on bump stocks, an accessory that enables rapid fire.
The Trump administration's Justice Department defended the 1968 federal law prohibiting gun possession by drug users in the Supreme Court case, marking a departure from the administration's broader efforts to expand gun rights and roll back other gun restrictions.
The Supreme Court is considering a second firearm case this term, Wolford v. Lopez, which examines the constitutionality of a Hawaii gun law that bars concealed firearms on private property unless the gun owner obtains permission from the property owner.
Hunter Biden was convicted in Wilmington, Delaware, of buying a gun while addicted to cocaine in 2018. He was later pardoned by his father, then-President Joe Biden, a Democrat.
In a 9-0 decision in United States v. Hemani, the Supreme Court ruled that a 1968 federal law prohibiting gun ownership by anyone who is an unlawful user of controlled substances cannot be applied to regular marijuana users without additional evidence of incapacity or danger. Justice Neil Gorsuch wrote that the government failed to demonstrate the law aligns with the nation's historical tradition of firearm regulation, particularly because historical habitual drunkard laws targeted those rendered practically incapacitated, not merely those who used intoxicants regularly.
Ali Danial Hemani, a Texas man, was charged under the federal statute prohibiting gun possession by unlawful drug users after federal agents discovered a handgun and marijuana during a 2022 search of his home. Hemani admitted to using marijuana approximately every other day but was not accused of being intoxicated while handling the firearm or of committing any other gun-related offense. He challenged the charge as unconstitutional.
The Trump administration reclassified medical marijuana as a less-dangerous drug in April 2026, lowering its federal drug classification. Recreational cannabis use remains illegal at the federal level, though more than half of U.S. states have legalized cannabis broadly, and it has gained widespread use for health purposes.
The Trump administration argued in defense of the 1968 federal law prohibiting drug users from possessing firearms, contending that the Constitution allows Congress to regulate firearms for dangerous people as the modern-day equivalent of colonial-era habitual drunkards. Despite the administration's defense of this particular law, it represented a position at odds with the administration's general stance on gun restrictions.
Since the Supreme Court's 2022 landmark ruling in New York State Rifle & Pistol Association Inc. v. Bruen expanding gun rights, the Court has issued multiple firearm-related decisions. The Court upheld a law protecting domestic violence victims, maintained strict regulations on ghost gun kits, and struck down a ban on bump stocks. The Hemani decision represents the latest in this series of gun rights cases.
The Supreme Court issued a unanimous 9-0 decision in United States v. Hemani, holding that a federal law prohibiting illegal drug users from possessing firearms violates the Second Amendment. The ruling overturns the application of a section of the Gun Control Act of 1968 that forbids possession of firearms by anyone who is an unlawful user of or addicted to controlled substances. Justice Neil Gorsuch wrote the majority opinion, finding that merely using marijuana or other illegal drugs without evidence of incapacitation cannot automatically deprive Americans of their Second Amendment rights.
Justice Gorsuch's majority opinion found that current drug possession law differs significantly from historical habitual drunkard laws that targeted individuals so regularly intoxicated they could not function in daily life. The Court noted the government could still prosecute cases to disarm active addicts or those actively intoxicated, and Congress could target users of particular drugs if they posed special risk of firearm misuse. However, mere possession or occasional use of controlled substances cannot automatically result in firearm prohibition.
Ali Danial Hemani, a Dallas-area resident, was charged with knowingly possessing a firearm while being an unlawful user of controlled substances following an FBI search of his family home in 2022. Federal agents found marijuana, a small amount of cocaine, and a Glock 9mm pistol in the home. Hemani admitted to using marijuana approximately every other day but stated he was not under the influence during the search. He faced up to 15 years in prison and lifetime disarmament under the charges.
Seventh Circuit upholds Illinois assault weapons ban; Supreme Court case likely ahead.
Supreme Court considers whether Hawaii's private property concealed carry restrictions violate constitutional gun rights.
Supreme Court upholds domestic violence gun restrictions as constitutionally permissible.
Federal drug-gun prosecutions continue despite Supreme Court's expansion of firearm rights for marijuana users.
Supreme Court strikes down federal marijuana-gun ban as constitutionally invalid amid state legalization.
Dallas man charged with firearm possession while using marijuana after Supreme Court expanded gun rights.
Supreme Court grants marijuana users constitutional gun ownership rights, continuing post-2022 gun rights expansion.